who being examined, and the declaration emitted by him before the
said Sheriff-Substitute of Edinburghshire, on the 3d day of November
current, being read over to him, he declares that it is incorrect in
several particulars--declares that it was upon the Friday morning, and
not upon the Saturday morning, that the woman, named Mary Dougherty,
came to the house, and that all that is said with reference to that
woman, up to her going out at 3 o’clock, happened upon the Friday,
and not upon the Saturday; and declares that the floor being wet in
consequence of Helen M‘Dougal and Gray’s wife washing in the house,
those two women washed the floor then, rather than defer it till next
day, and the floor was usually washed twice a week, and it was usually
washed on the Saturday, as one of the days: That those two women
continued doing things about the house, and the declarant continued
working till it was duskish: That the declarant then stopped work, and
went out and brought in a dram, because it was Halloween, and he and
the two women sat by the fire and drank the dram, and while they were
doing so, William Hare came in, and the declarant went for more drink,
and they all four sat drinking till they got pretty hearty. Declares,
that when he was out for drink the second time, he found when he came
back, that Mary Dougherty had returned, and was sitting by the fire,
and she drunk along with them: That when it was pretty late in the
night, but he cannot mention the hour, he and William Hare differed,
and rose to fight, and the three women were still in the house
drinking, and Mary Dougherty had become much intoxicated. Declares,
that while he and Hare were struggling together, Helen M‘Dougal and
Hare’s wife did what they could to separate them; but declares that
there was no noise, and, in particular, there were no cries of murder.
Declares, that after they were separated, they sat down at the fire
together to have another dram, and they then missed Mary Dougherty, and
asked the other two women, what had become of her, and they answered
that they did not know, and the declarant and Hare searched for her
through the house, and they both went straight to the straw of the
shake-down bed upon the floor at the bottom of the standing bed, to see
whether she had crept in there, and they found her amongst the straw,
lying against the wall, partly on her back and partly on her side:
That her face was turned up, and there was something of the nature of
vomiting coming from her mouth, but it was not bloody: That her body
was warm, but she appeared to be insensible, and was not breathing:
That, after waiting for a few minutes, they were all satisfied that
she was dead, and the declarant and Hare proposed to strip the body,
and lay it among the straw, but they did not, at that time, say what
further they proposed to do, and Helen M‘Dougal and Hare’s wife
immediately left the house, without saying any thing, and the declarant
supposed it was because they did not wish to see the dead body: That
the declarant and Hare waited till the neighbours should be quiet,
there being a considerable stir among the neighbours on account of its
being Halloween, and in particular, in the house of Connoway, who lives
in the same passage, in case any of the neighbours should come in upon
them, and they stripped the body, and laid it among the straw, and it
was then proposed by both of them, but he cannot say by which of them
first, to sell the body to the Surgeons, and they both arranged that
they would sell the body to David Paterson, whom they knew to be a
porter to Dr Knox, in Surgeons’ Square, and who, they knew, received
subjects, and that they would put the body into a chest, and get it
conveyed to Surgeons’ Square, the following morning, and they then
sat down by the fire again, and Helen M‘Dougal and Hare’s wife then
returned, but nothing was said by any person about the dead body: That
Hare and his wife then went home, at which time it would be near 12
o’clock on the Friday night, and the declarant and M‘Dougal went to bed
and fell asleep, and rose next morning soon after 6 o’clock: Declares,
that Gray and his wife came in about 8 o’clock in the morning and
lighted the fire, and prepared breakfast, and they all got breakfast
together, and the declarant then went out, and brought in a dram, and
sprinkled it under the bed, and upon the walls, to prevent any smell:
Declares, that he went out about 12 o’clock noon, and was out for about
two hours walking about, and when he returned, he found Gray, and his
wife, and Helen M‘Dougal still in the house, and after that he was
occasionally out. Declares, that when it became dark he went to call
for Paterson, but found that he was out, at which time it was past five
o’clock: That he then got John M‘Culloch, a porter, and took him to the
passage of the declarant’s house, and then left him there, and went
into the house, and found William Hare there, but no other person, and
he also saw an empty chest upon the floor, and they both immediately
put the body of the woman into the tea-chest, and they roped it up with
a line which hung across the house for drying clothes; and they called
on M‘Culloch and put the tea-chest upon his back and told him to follow
Hare, but they did not tell him what was in the tea-chest, nor did he
ask them; and the declarant then went straight to Paterson’s house and
found him at home, and told him that he had sent forward a subject to
Surgeons’ Square, and he has no recollection of having seen Paterson on
the Friday or the Saturday before that time. Declares, that Paterson
and the declarant then went to Surgeons’ Square together, and they
found Hare and M‘Culloch waiting there with the tea-chest, and Paterson
opened the door of a cellar and the tea-chest was put into it: That
Paterson then went and got £5, and gave it to the declarant and Hare,
and they paid the porter and then went to their respective homes, and
the declarant on his way home met Helen M‘Dougal, and when they got
home they heard from Connoway’s wife the report of policemen having
searched the house for a dead body, and he then met with Finlay the
criminal officer, and he was apprehended and taken to the police office
as formerly mentioned; and being interrogated, declares, that he cannot
say whether the dead body he saw in the police office on Sunday the
2d current be the body referred to; and being interrogated, declares,
that he had no concern in killing the woman, or in doing any harm to
her, and he has no knowledge or suspicion of Hare or any other person
having done so; and it is his opinion, that the woman was suffocated,
by laying herself down among the straw in a state of intoxication; and
being interrogated, declares, that no violence was done to the woman
when she was in life, but a good deal of force was necessary to get the
body into the chest, as it was stiff; and, in particular, they had to
bend the head forward, and to one side, which may have hurt the neck
a little, but he thinks that no force was used, such as could have
hurt any part of the neck at all; and being specially interrogated,
declares, that no other person had any concern in the matter; and,
in particular, declares, that a young man, named John Brogan, had
no concern in it, and that Brogan came into the house on Saturday
forenoon, as he thinks, while the body was in the house, but he did not
know of its being there. And all this is truth.
ARCHD. SCOTT. (Signed) WM. BURKE.
A. M‘LUCAS. G. TAIT.
A. M‘LEAN.
_At Edinburgh, the 19th day of November 1828._
In presence of GEORGE TAIT, Esq. Sheriff-Substitute of
Edinburghshire,
Compeared William Burke, present prisoner in the tolbooth of Edinburgh,
who being examined, declares, that he is thirty-six years of age, and
he was born in Ireland, and he came to Scotland about ten years ago,
and he is a shoemaker, and he has lived for rather more than a year in
the West Port; and the prisoner M‘Dougal resides with him; declares,
that he never saw a lad known by the name of Daft Jamie; and he does
not know of such a person having lived with Hare’s wife, before her
marriage with the prisoner William Hare, and he had no concern in
injuring such a person; and he does not know of M‘Dougal, Hare or his
wife, having done so. Interrogated, declares, that he has a brass snuff
box which he purchased about four years ago from a shearer lad at Mr.
Howden’s farm, about two miles from Tranent for sixpence, and he left
it in the Lock-up-house last Monday, when he was committed to jail;
and declares, that he had a snuff-spoon which was taken from him when
apprehended, and he purchased it for twopence in September last from
a hawker at the West Port, whose name and residence he does not know,
and being shown a brass snuff-box, and a snuff-spoon, to which a label
is attached, signed by the declarant and Sheriff, as relative hereto,
declares, that they are the snuff-box and snuff-spoon he refers to;
declares, that he gave the box to a tinsmith in the West Port, named
James, whose surname he does not know, but whose shop is next door to
Brown’s circulating library, to put a new lid upon it, and he thinks he
gave it to the tinsmith in September last, and the tinsmith kept it in
his possession some weeks; and all this is truth, &c.
_At Edinburgh, the 3d day of November 1828._
In presence of GEORGE TAIT, Esq. Sheriff-Substitute of
Edinburghshire,
Compeared Helen M‘Dougal, at present in custody, who being examined,
declares, that she is 33 years of age, and she was born in
Stirlingshire: That she never was _married_, although she has
lived with the prisoner, William Burke, for 10 years: That about a
year ago they came to reside in Tanner’s Close, West Port; and about
three months ago they went to another house in the West Port, but she
does not know the name of the close: That a person, named John Brogie,
occupied the house in which they at present reside; but Brogie left
the house on Friday 8 days, and the declarant and Burke, who were
living with Brogie previously to his leaving the house, took possession
of it by themselves. Declares, that James Gray and his wife came to
live with Burke on Sunday the 26th of October. Declares, that the
only persons who were in the house on the night of Thursday last, the
30th of October, were Gray and his wife, and Burke and the declarant:
That Burke and the declarant arose from bed on Friday morning about
10 o’clock, and Ann Gray made breakfast for them; and when she was
making breakfast for them Burke went out, and said that he was going
to the shop, by which she understood him to mean that he was going
to get a dram, and he came in when breakfast was ready; and in about
five minutes afterwards, when they were taking breakfast, a woman came
in whom the declarant had never seen before, and who afterwards said
that her Christian name was Mary: That Mary appeared to be the worse
of liquor: That she asked leave to light her pipe at the fire; and she
then asked a little bit of soap to wash her cap, and a short-gown, and
her apron, and the declarant gave her a bit of soap, and she washed
her clothes, and Gray’s wife dried them and ironed them; and while
that was doing, she talked about having come from Ireland in quest of
her son, and soon after she came into the house she said she had got
no meat for three days, and the declarant gave her a share of their
breakfast: That Burke and Mary entered into conversation; and Burke,
upon hearing that she came from Ireland, said that he came from Ireland
too, and he did not know but she might be a relation of his mother’s.
Declares, that about 1 o’clock in the afternoon Burke brought in some
whisky and gave them a glass once round, it being the custom of Irish
people to observe Halloween in that manner: That Mary became very
impatient to go away in order to go to St. Mary’s Wynd to inquire for
her son, and she went away about 2 o’clock. Declares, that Burke had
gone out about half an hour before that and returned about 3 o’clock;
and when he came in, he mentioned that Nancy Connoway, a neighbour,
had said to him that she wondered how he could keep Gray and his wife
in the house because the noise of their quarrelling was so unpleasant
to the neighbours; and therefore he told them to go away, and never
to come back again, because he had not up-putting for them, and Gray
and his wife accordingly went away immediately. Declares, that Hare’s
wife happened to be in the house at the time, and said that she would
give them a night’s lodging, as she had a spare bed, and the declarant
supposed that they went to Hare’s, and it would be about six o’clock
when they went away: That Burke went to Hare’s house about seven
o’clock, and the declarant went about half an hour afterwards: That
when she went to Hare’s, Burke was not there, but she went to an
adjoining shop and brought him there, and they had some supper and
drink there: That the declarant then went home, and Burke followed
soon afterwards bringing some whisky with him which he had got in a
shop, and soon afterwards Hare and his wife came in, and they four
had some spirits together; and Nancy Connoway, before mentioned, came
in and had a share of the spirits: That the declarant then went to
Connoway’s house and had a dram, and then returned to her own house,
and found Hare and his wife still there: That they almost immediately
went away, but very soon returned, and Hare was very much intoxicated,
and Hare lay down in the bed and slept along with Burke all night,
and the declarant and Hare’s wife slept on the floor: That about six
o’clock in the morning Hare and his wife went away: That about seven
o’clock, Gray and his wife came in to get some clothes which they left,
and the declarant and Burke lay down in bed, and about eight o’clock
Burke rose and told Gray’s wife, who still remained in the house
along with her husband, to sort the house and get the kettle boiled,
and he himself went to a neighbouring shop for tea and sugar and bread
and butter: That when Burke came, Gray’s wife made the tea, and Gray
and his wife and Burke took breakfast together, and a young man named
John Broghan came in and got a share of it: That the declarant did not
take any of it: That after breakfast, Gray’s wife washed the floor and
cleaned the house, the declarant being in bed unwell, in consequence
of drink which she had had, and Broghan was in the house most of the
day: That Gray remained in the house all day: That Burke was sometimes
out and sometimes in, and he lay down for a short time. Declares, that
about five o’clock that afternoon the declarant sent Mrs. Gray to Mrs.
Law’s with some clothes to get mangled; and Gray and his wife left
the declarant’s house about seven o’clock to go to their lodgings,
and shortly after they so left the house, Mrs. Law came and asked
the declarant if she gave Mrs. Gray orders to get her gown: That the
declarant said she had not, and Mrs. Law then said, she was off with
it, and in a little after a girl came in and told the declarant that
a man was on the street with the declarant’s gown, and she went out
and found Gray standing at the head of Tanner’s Close with the gown
under his arm: That she got her gown from Gray, and the declarant and
Gray and his wife and Mrs. Hare had a dram together, and the declarant
left the gown in Mrs. Law’s to get mangled: That the declarant then
went home and kindled the fire, and she went out for her husband as
it was late, and after she found him they went into Connoway’s house,
where they remained for a few minutes, and Connoway told them that
Mrs. Gray had been raising a disturbance, and the declarant and her
husband were going out of Connoway’s house, when they were apprehended
by two policemen, who said that they had taken a corpse out of the
house; and, being interrogated, declares, that she did not see Mary
after two o’clock on the Friday, and, in particular, she did not see
her in the house on the Friday night. Declares, that she yesterday saw
the dead body of a woman in the Police Office, but declares that it is
not the body of the woman named Mary, because Mary had dark hair, and
the body of the woman in the Police Office had grey hair; and being
interrogated, declares, that she had no knowledge or suspicion of there
being any dead body in the house; and, in particular, of its being
under the bed, till after she was apprehended. Declares, that there
is only one bed in the house; and declares, that so far as she knows,
nothing was under the bed except a few potatoes and a little straw,
which had fallen from the bed. Being interrogated, declares, that she
had no conversation with Gray regarding a dead body; and in particular,
never promised him any money not to say any thing about a dead body;
and being shown a coarse linen sheet, a coarse pillow-case, a dark
printed cotton gown, and a red striped cotton bed-gown, to which a
label is attached, signed by the sheriff as relative hereto, declares,
that the sheet belongs to a William M‘Kinn, from whom the declarant
got a loan of it. That the pillow-case was used for containing dirty
clothes, and lay at the head of the bed as a pillow, but she never saw
the dark gown before to her knowledge. Declares, that the bed-gown is
like the one which Mary wore on the Friday, but she cannot say that
it is the same, as it is torn. Declares, that Burke had no money on
the Friday, and he had to borrow money for their breakfast on the
Saturday morning. That the declarant got 3s. from him on Saturday
night, but she does not know where he got that money; and, being
specially interrogated, declares, that she had no concern in killing
the woman Mary, or in hurting her, and does not know of Burke, or Hare,
or any other person being concerned in doing so, or in concealing the
dead body about the house, or in afterwards disposing of it. And,
being interrogated in regard to some marks of blood on the sheet and
pillow-slip, declares, that the marks upon the pillow-slip were from
her nose bleeding, in consequence of Burke having struck her; and the
blood upon the sheet proceeded from the declarant, in consequence of
her state at the time, as was known to Mrs. Gray. And all this she
declares to be truth, and that she cannot write.
ARCHD. SCOTT. (Signed) G. TAIT.
A. M‘LUCAS.
A. MACLEAN.
_At Edinburgh, the 10th day of November 1828._
In presence of GEORGE TAIT, Esq. Sheriff-Substitute of
Edinburghshire,
Compeared Helen M‘Dougal, present prisoner in the tolbooth of
Edinburgh, and being examined, and the declaration emitted by her
before the said Sheriff-Substitute, at Edinburgh, upon the 3d day of
November current, being read over to her, she adheres thereto. And
being interrogated, declares, that between three and four o’clock of
Friday afternoon, the woman named Mary insisted on having salt to wash
herself with, and became otherwise very troublesome, and called for tea
different times, and the declarant told her she could not be troubled
with her any longer, and thrust her out of the door by the shoulders,
and never saw her afterwards. And being interrogated, declares, That
Brogan did not bring any woman into the house. And being interrogated,
declares, That William Burke and William Hare had a slight difference
and struggle together on Friday night, as she thinks; but there was
no great noise made, and no cries of murder, so far as she heard. All
which she declares to be truth; and that she cannot write.
ARCHD. SCOTT. (Signed) GEORGE TAIT.
A. M‘LUCAS.
A. M‘LEAN.
* * * * *
The LORD ADVOCATE addressed the Jury in the following terms:--
_Gentlemen of the Jury._--It is now my duty to make a few remarks
on the tenor of the evidence which has been laid before you in support
of the indictment against the pannels at the bar; and, at this late
hour, when you must be exhausted with the long trial in which you
have been engaged, I shall not detain you long. Indeed, had this been
an ordinary case, I should have had great pleasure in leaving the
evidence to your own judgment, without one word of comment from me,
satisfied that, in the charge which you will receive from the Court,
before you retire, a much more luminous and impartial detail of its
substance and bearings will be given, than can be expected from one
holding the situation which I do, as Public Prosecutor. But this is a
case of no ordinary complexion; and I am, therefore, called on for some
observations, more especially, as you will be addressed on behalf of
the prisoners by my honourable and learned friends on the other side of
the bar; and it might be thought remissness on my part, if I were to
allow the evidence to go to you for a verdict, without some remarks on
its tendency, while its true effect would perhaps be impaired by the
able comments of the pannels’ counsel.
Gentlemen, it affords me peculiar satisfaction to see, in a case of
this kind, so full and formidable an array of counsel for the defence.
In all cases, the Bar of Scotland does itself honour by undertaking
the defence of the unhappy persons who are brought before this Court
accused of offences; but, in this case, I am proud and happy to see
the most distinguished among my brethren engaged in the defence of
the prisoners--coming forward and lending the strength of their great
talents and great learning spontaneously and gratuitously to these
unfortunate persons. It is for the ends of public justice that they
have done so: and it is a great consolation to me, in the discharge of
my painful duty, that the pannels, and in them the law and the country
at large, will derive all the benefit which may be looked for from
the knowledge and the eloquence of such distinguished advocates. If
an acquittal should follow the proceedings in which we have this day
been engaged, I hope it will be acknowledged that I have only done my
duty to the public, in putting these prisoners on their trial; and
should they be convicted, they will be ably defended, if they have any
defence; and the country must be satisfied that the conviction will be
just, when the defence is in the hands of counsel so eminent, and so
universally and deservedly respected.
And, Gentlemen, this aid of able counsel is of the more importance,
that this is one of the most extraordinary and novel subjects of trial
that has ever been brought before this or any other Court, and has
created in the public mind the greatest anxiety and alarm. I am not
surprised at this excitement, because the offences charged are of so
atrocious a description, that human nature shudders and revolts at it;
and the belief that such crimes as are here charged have been committed
among us, even in a single instance, is calculated to produce terror
and dismay. This excitement arises from detestation of the assassins’
deeds, and from veneration for the ashes of the dead. But I am bound
to say, that whatever may have occasioned this general excitement, or
raised it to that degree which exists, it has not originated in any
improper disclosures on the part of those official persons who have
been entrusted with the investigations connected with this business;
for there never was a case in which the public officers to whom such
inquiries are confided, displayed greater secrecy, circumspection,
and ability. It is my duty, Gentlemen, to remove that alarm which
prevails out of doors, and to afford all the protection which the law
can give to the community against the perpetration of such crimes, by
bringing the parties implicated to trial; and I trust it will tend to
tranquillize the public mind, when I declare I am determined to do so.
I cannot allow any collateral notions about the promotion of science
to influence me in this course; and I am fully determined that every
thing in my power shall be done to bring to light and punishment those
deeds of darkness which have so deeply affected the public mind.
Gentlemen, before I proceed to detail, which I shall do very briefly,
the evidence now laid before you in support of the indictment against
the prisoners, I must impress upon you what will be more eloquently
and emphatically told you by their counsel and the Court, that in
judging upon the only charge now under trial, you are to banish from
your minds all impressions which you may have received from any other
source than from the evidence itself. To that evidence alone you must
confine your attention--and you are not to allow yourselves to be
moved by the fact that there were other charges in the indictment of
a similar description, because these charges have now been entirely
withdrawn, for the present, from your consideration. Those charges have
been separated from that now to be tried, at the special desire of the
prisoners themselves, and to remove any ground of objection that an
impression was necessarily created to the prejudice of the prisoners.
God forbid, that I should ever in any case, pursue a criminal in a
form to the prejudice of the party accused. The pannels are accused
of murder--and the three instances that were libelled were only three
separate facts in support of that general charge. But since the
prisoners and their Counsel have made their option to be tried for each
separately, and the Court have sanctioned this course, I willingly
acquiesce in it. I must say, however, that in framing the indictment,
including all the three charges, I did so to give the pannels the
fairest chances on their trial, and for the purpose of probing to the
bottom the whole system of atrocity, a part of which I have this day
brought before you, with evidence, which, I conceive, amounts to the
most complete and convincing proof.
In going over that proof, Gentlemen, it is not necessary that I should
read over to you fully the notes of the evidence--because that will be
more ably and authoritatively done by the Court, than it can be by any
one in the situation of Public Prosecutor. I shall, therefore, content
myself with a condensed and connected reference to its import--from
which I have no doubt, you will find a verdict of guilty against the
pannels.