On account of the greatly increased amount obtained for subjects,

numbers of persons now engaged in the traffic, and the consequence was

more frequent detection. Every means which ingenuity could suggest was

put in practice to obtain bodies which had not been buried; and for this

purpose, the men, when they heard of the body of a person being found

(drowned for instance), and which was lying to be owned, trumped up a

story of an unfortunate brother or sister, humbugged a coroner's jury

(who, by the by, were more than once so well imposed on as to make a

subscription, to enable the supposed brother to bury his relative), and

thus obtained possession of the body. In this sort of trickery the wives

of the men were often employed, as their application was attended with

less suspicion, and it was never difficult to impose on the parochial

officers, who were always anxious to avoid the expense of burying the

deceased. Subjects were thus occasionally procured, but they were much

more frequently obtained by pretending relationship to persons dying

without friends in hospitals and workhouses. As, of course, the bodies

thus obtained were much fresher than those which had been buried, they

produced generally (independent of the teeth,) as much as twelve guineas

each.

But the poor and friendless were not the only sufferers from this

system; persons moving in a higher sphere of society have often suffered

the loss of their friends, when they were confident in security. What

will the wealthy not feel, when they are told that the very men employed

to solder down the leaden coffin of a child have abstracted the body,

and carried it off, without exciting the slightest suspicion, in the

baskets with their tools?

Yet, notwithstanding all these means of procuring subjects, the

difficulties were occasionally so great, that students from the country

have been obliged to wait for months without being able to study anatomy

practically; at the same time having to live at an expense they could

ill afford, in London. In Scotland, at one time, to the great honour of

the labouring classes, no such persons as resurrection-men could be

procured for any remuneration, and it was then necessary for the

students to exhumate bodies for themselves. Indeed, for a long time,

this, in many parts of that country, was the constant practice; but,

from the great horror with which the Scotch in particular regard the

violation of the tomb, these attempts were always attended with

considerable danger; and very frequently the graves were guarded with so

much diligence, that the carrying off a body was totally impracticable.

Instances indeed occurred, where the parties engaged in such an

enterprise were fired upon by persons employed to watch, whom they had

not observed; and, in one case with which the writer is acquainted, the

life of one of the parties was sacrificed.

The surgeons from their anxiety to obtain subjects, and from the

acknowledged illegality of the proceedings, were frequently not overnice

or minute in their inquiries as to the cause of death, or the means by

which the body offered to them was obtained. The impossibility of

obtaining any answer the truth of which could be relied on, and the

independence of the "resurrection-men," who were always sure of a

market, may be reckoned as almost sufficient excuses for this lax mode

of proceeding; and it is just to believe, that no suspicion can ever

have entered the imagination of the anatomists, that unfair means had

been resorted to, to take away the life of the subjects offered to them,

merely with a view to their bodies being submitted to their dissection.

To such causes may be ascribed the non-discovery of the suspicious cause

of death of the numerous miserable victims whom investigation proves to

have been murdered.

In this case, happily, the frequency of the visits of the supposed

_resurrectionist_ or body-stealer to the same museum enabled the police

to discover his haunts, together with the circumstances attending the

disappearance of the deceased, which were sufficient to afford

convincing proof of her murder at his hands. Paterson, the porter to Dr.

Knox's museum, was well acquainted with the persons of Burke and a man

named Hare, by whom this subject had been sold, and he related the

circumstances attending its purchase to the police serjeant, by whom the

investigation was carried on, in such a manner, as at once secured their

apprehension. He said that on the 31st of October, Burke and Hare called

at the dissecting-rooms, and said that they had got something for the

doctor, at the house occupied by the former. Paterson had before visited

this place on similar occasions, and was well acquainted with its

position, and on the next morning he went to the house in

Tanner's-close, where he was told the body lay. He found there Mrs.

M'Dougal, who passed as the wife of Burke, and Mrs. Margaret Laird, who

stood in the same relation with regard to Hare. Upon his entrance, Burke

pointed to a heap of straw under the table, signifying that the body was

there; and the witness gave them 5_l._ to be divided between the two

men, 3_l._ more being agreed to be paid, if the subject should turn out

to be such as was desired. The men divided the money, and promised to

carry home the body on the same night to the museum. It arrived, packed

in a tea-chest, and at the time of the visit of the police, which was on

the following day, (the 2nd of November,) it had not yet been looked at.

Upon the chest being opened, appearances presented themselves which

induced Paterson to believe that the body had never been buried; the

face was livid, and blood was running from the nostrils and mouth; and,

as we have already said, subsequent examination proved that death had

been caused by suffocation.

Coincident with the discovery of this evidence, the voluntary testimony

of two other witnesses was obtained, which afforded conclusive proof of

the violent means resorted to by Burke and Hare, to procure the death of

the deceased. Mr. and Mrs. Gray, poor persons, who were travelling

through Edinburgh, informed the police, on the same day, of occurrences

which they had witnessed on the night of the 31st October, which induced

the most dreadful suspicions in their minds. They stated that they had

taken up their lodgings in the house occupied by Burke in the course of

that day, and towards the evening they had seen Mrs. Campbell go in with

that person. They, however, retired to rest without holding any

communication with her, as she appeared to be intoxicated; but in the

morning, they were surprised to find that she was gone. They inquired of

Mrs. Burke what had become of her, and she said that they had turned her

out because she was impudent; but an undefinable apprehension lurked in

their minds of some wrong having been done, and seizing an opportunity

they peered into Burke's room, and there, under the table, they saw

marks of blood, and upon further investigation, the body of the murdered

woman concealed beneath some straw. Terror-struck with the discovery,

they immediately gathered up their bundles and proceeded to quit the

house, but were dissuaded from their intention by Mrs. Burke, who had

ascertained the fact of their having made so important a discovery, who

urged them to stop, "as it might be 10_l._ a week to them." They,

however, rushed from the place as soon as they could escape, and on the

following day conveyed intelligence to the police of what they had seen.

Upon the arrival of the authorities at the Tanner's-close, they found it

to be a scene well fitted for the performance of such tragedies as had

been recently enacted within its limits. The close itself was narrow and

dark, and contained only one house, which was situated at the bottom.

Here, almost shut out from the light of heaven, lived this detestable

murderer, letting out lodgings either by the night or otherwise, to such

poor wretches as would put up with the accommodation which he could

offer. The house consisted of two rooms only, one of which was occupied

by Burke and his wife, while the other was devoted to his lodgers. The

former contained nothing but a miserable bed, a table, and some straw,

still reeking with the blood of the murdered woman, while the latter was

totally devoid of furniture. Fortunately for their purpose, the whole

party, four in number, was assembled; and they were all immediately

secured and conveyed to prison. Burke, it appeared, had carried on a

pretended trade of shoemaking, and in one corner of his room was found a

pile of old boots and shoes, consisting of nearly forty pairs; but the

discovery also of a great number of suits of clothes, of various sizes,

and bearing distinct marks of blood, afforded sufficient proof, that the

murder of Mrs. Campbell was not the only one which had been perpetrated

within the apartment.

It would be a vain effort to attempt to convey even a faint idea of the

universal horror excited by these dreadful discoveries, and the fearful

execration heaped upon the heads of the diabolical assassins. Even the

surgeons, who were looked upon as the supporters and the indirect

instigators of the murders, shared with the prisoners the effects of the

strong public sensation which existed; and in several places throughout

the empire--for, the system being the same everywhere, the indignation

of the people was not confined to Edinburgh--attempts were made to

destroy the dissecting-schools. In this, however, and in the obloquy

cast upon the gentlemen of this profession, it must be said that they

suffered unjustly. They were the victims, as well as the public, under a

defective system of legislation; and the insufficiency of the law was to

be blamed, and not those whose absolute necessity compelled them to

adopt measures, of themselves illegal, but excusable, considering the

advantages to be derived from them to society, and the utter neglect of

the efforts which they had made, to secure such provisions by the

legislature as should enable them to proceed in a manner becoming the

high and honourable station which they filled.

The examinations of the prisoners before the magistrates of Edinburgh

served only to bring to light fresh atrocities and to excite fresh

horror; and eventually the whole of the prisoners were committed for

trial, the evidence being clear and conclusive as to the implication of

the men, although that which affected the women left great doubts as to

the possibility of their conviction being secured.

During the period which elapsed subsequently to their committal, and

preparatory to their trial, Hare, with a degree of villany excelling

that of his fellow in guilt, offered to make disclosures upon the

subject of the system which had been carried on, upon condition of his

own indemnification from punishment, and that of his wife. Mrs. Laird,

it had been discovered, was the least guilty of the whole party, and so

far as her discharge was concerned but little difficulty was

experienced; but upon the question of the other terms desired by Hare to

be imposed in reference to his own case, considerable doubt was

entertained. Long and frequent consultations were held by the

magistrates upon the subject, in which the probabilities of the

conviction of these associates in villany were most anxiously weighed;

and it was at length determined that, for the sake of that justice which

imperatively demanded the most satisfactory and complete evidence of the

guilt of one at least of the gang, the offer should be accepted. The

prisoner then made a statement to the officers of the jail, which was

reduced to writing, but which, from causes too obvious to need

repetition here, was not published in full. That portion of it which

immediately affected the case of Burke and Mrs. M'Dougal came out upon

the trial; but many particulars with regard to the system which had been

carried on were most properly concealed from the public knowledge.

On the 23rd December in the same year, the two prisoners, William Burke

and Helen M'Dougal, were put upon their trial before the High Court of

Justiciary at Edinburgh. The indictment charged against them several

murders, founded upon the communications made by Hare; but after much

discussion on the part of the counsel for the crown, and on behalf of

the prisoners, it was determined that that part only of the indictment

which alleged them to have murdered Mary Campbell should be proceeded

with, inasmuch as that the disclosure of any of the particulars of one

murder in the course of a trial for another would materially prejudice

the minds of the jury against the persons charged. The murder of Mrs.

Campbell was alleged to have been committed by suffocation.

The preliminary witnesses produced a plan of the house of the prisoners

in Tanner's-close, and proved the identity of the remains found at the

house of Dr. Knox.

William Noble, the shopman to Mr. Rayner, a grocer at Portsburgh, near

Tanner's-close, was then examined, and he proved, that on the night of

the 31st October Burke, who had been in the habit of dealing at his

employer's house, called there in order to purchase some trifling

articles of grocery. While he was standing at the counter, Mrs. Campbell

entered the shop, and begged for charity. She said that she had come to

Edinburgh to search for her son, a boy of eleven years old, but that she

had been unable to find him, and that she was now quite destitute. Burke

inquired her name, and on her mentioning the name of Campbell he at once

claimed acquaintance and relationship with her, and finally took her

away with him, saying that he would provide her with lodging for the

night. The woman at this time was sober. The witness added that on the

following day, Burke called again and purchased an old tea-chest, and

Mrs. Hare, whom he knew, as well as her husband and Mrs. M'Dougal,

carried it away about half-an-hour afterwards.

Mrs. Ann Black and Hugh Alison gave evidence tracing Mrs. Campbell to

Burke's house, and as to the occurrences of the dreadful night of her

death. The former said that she was a lodger of Burke's; and upon going

home on the night of the 31st of October, she saw Mrs. Campbell sitting

in Burke's room by the fire. She was ill-clad, and was eating porridge;

and in answer to a question which the witness put, Mrs. M'Dougal said

that she was a Highland woman, a friend of her husband's, and that she

had been assisting them in washing. The witness then quitted the room;

but subsequently, in passing through it after dark, she saw that Mrs.

Campbell was much intoxicated. Hare and his wife were then there, and

had brought in some spirits with them, and they were all merry, and

laughing and singing together. The witness afterwards heard dancing, and

on looking into the room, she saw that it was Mrs. M'Dougal, Hare, and

Mrs. Campbell. Between ten and eleven o'clock she heard a disturbance,

as if Burke and Hare were fighting, and a woman screaming, but she took

no notice of it, as such occurrences were frequent with her landlord's

friends. In the morning she inquired of Mrs. M'Dougal where Mrs.

Campbell was, and she told her, that she and her husband (Burke) had got

too friendly, and that she had kicked her out of the house. Alison, the

witness, corroborated the evidence of Mrs. Black, as to the disturbance

which occurred in the house of Burke at about the hour mentioned, and

which he had heard in his residence at one of the upper flats of a house

nearly adjoining, but he had distinguished screams of agony, and cries

for help, succeeded by a noise as if some person had been strangling or

suffocating. He afterwards heard the voices of two men in conversation

in the close, whom he had taken to be Burke and Hare.

Mr. and Mrs. Gray, whose names we have already mentioned, were also

examined upon the same point, and having proved the presence of Mrs.

Campbell in Burke's house at the time of their arrival, they stated that

Mrs. M'Dougal had told them in the morning, that she had turned out the

deceased because she was impudent. They, however, watched their

opportunity, and slipping into the room unseen, discovered her body

concealed among the straw under the table.

Other confirmatory evidence was also given upon the same subject; and

David Paterson, the porter at Dr. Knox's, having detailed his account of

the transaction of the purchase of the body in the manner in which we

have already described it, and of its arrival in a tea-chest; and other

witnesses having proved that they saw the prisoner (Burke) and Hare

carrying a tea-chest in the direction of Dr. Knox's, but in such a line

of street as clearly showed their object to be to escape observation,

William Hare, the approver, was called.

Lord Meadowbank, a learned and very distinguished judge, presided upon

this occasion, and with the most humane feelings, he earnestly cautioned

this witness to give his evidence with truth. The fellow, whose

appearance in the witness-box excited great interest and indignation,

sullenly answered, that he intended to do so, but that he only came

there as a witness in the case of the "old woman," as he emphatically

described the deceased Mrs. Campbell, as distinguished, doubtless, from

other miserable victims; and his examination then proceeded. We shall

give his evidence as nearly as we can in the terms in which it was

delivered by him in the witness-box. Having been sworn in the common

form, he said he was a native of Ireland, and had resided in Scotland

ten years. He had been acquainted with Burke about twelve months.

M'Dougal lived with Burke as his wife; witness lived in the West Port,

not far from Burke; he was in a public-house in the West Port on the

forenoon of the 31st of October, when Burke came in, and they had a

gill; he asked witness to go down to his house, to see the shot he had

got to take to the doctor's; he said he had taken an old woman off the

street, and wished witness to go down and see her, and see what they

were doing. He understood by the word "shot," that he was going to

murder the woman. He went to Burke's house, and found there was a

strange man and woman (their name was Gray), the old woman, and Helen

M'Dougal; the old woman was washing her short-gown; it was white and red

striped. [Identified the bedgown.] Witness remained in the house about

five minutes, and then went home. Between eight and nine on the same

night he was at the house of a man named Connaway with his wife; and

Burke, Mrs. M'Dougal, the old woman Campbell, and a lad named Broggan,

Mrs. M'Dougal's nephew, came in. Liquor was introduced, and after a

while, Burke and Broggan went away. Witness remained some time longer,

but then he also quitted the house, and went to Tanner's-close. There

had been some dancing at Connaway's; and at this time he had no idea

that any harm was to be done to the old woman on that night. Soon after

he arrived at Tanner's-close, Burke, M'Dougal and Mrs. Campbell also

came in, the latter being so much the worse for liquor as scarcely to be

able to keep her feet. A quarrel arose between him and Burke (which was

evidently got up for the purpose of murdering the old woman in the

confusion which would be the result of it), upon the subject of his

being in the house, Burke declaring that he had no business there, while

he asserted that he had been invited by Mrs. M'Dougal. They began to

fight, and Mrs. Campbell appeared alarmed, and called police and murder.

She ran into the passage twice, but was brought back each time by Mrs.

M'Dougal; and upon her re-entering the room the second time, witness

intentionally pushed her over a stool upon the floor. She got up so as

to rest upon her elbow, but was so drunk as not to be able to regain her

feet; she called on Burke to quit fighting, and he did so; but then

having stood for some minutes on the floor, Burke stood stride-legs over

her, and laid himself down above her--his breast being on her head. She

gave a cry, and then moaned a little; he put one hand on her nose and

mouth, and the other under her chin, and stopped her breathing; this was

continued for ten or fifteen minutes; he never spoke while this was

going on; after he had risen from above her he put his arm upon her

mouth for some minutes; she appeared quite dead; witness was sitting all

the while on a chair. When he saw the woman was dead, he stripped the

body of the clothes, put it into a corner, doubling it up, and covering

it with straw; witness's wife and M'Dougal, when they heard the first

screech of the old woman, ran into the passage, and did not come in

again until the body was covered with straw; before this they were lying

in the bed; and witness sat at the head of the bed; did not observe

blood on the floor, or on the woman's face at the time; did not observe

the woman in the passage cry--but nobody came to the door during the

time. Burke had not been above the woman more than a minute or two, when

the woman started out of bed and ran to the door; he saw none of them

attempting to save or assist the old woman, and such could not have

happened without his seeing it. When it was all over the woman came in

again, and then Burke went out; the woman asked no questions, nor did

they make any remark, but they went to bed again without a word being

exchanged. When Burke returned, he brought with him the man from Dr.

Knox's (Paterson), and he looked at the body; he said it would do well

enough, and they were to get a box and put it in, in order to carry it

to his master's house. At this time the women were in bed, but he could

not tell whether they were awake or not, and he soon afterwards fell

asleep himself. He was rather the worse of liquor, but he knew well

enough what he was about. He awoke about seven o'clock in the morning;

he found himself on a chair, with his head on the bed; the women were in

the bed, and John Broggan was lying beyond his aunt; Burke was at the

fireside. He and his wife got up and went home. In the course of the

day, Burke called on him, and asked him to assist in procuring a box.

They went first to Surgeons'-square, where Dr. Knox's school was

situated, but failed in obtaining one there; and then Burke went and

purchased a tea-chest at the grocer's. M'Culloch, a porter, took the box

home, and witness arrived there with him before Burke came in. They were

standing at the door when he came; and he asked whether they had put up

the body. He answered that they had not; and Burke then remarked that

they were worth little if they had not done that. They, however,

directly went in; and witness and M'Culloch assisted in placing the body

in the chest, the latter forcing it down in its place. M'Culloch also,

on seeing some of the woman's hair hanging out, pushed it into the box,

remarking that it would be "a fine thing to have that seen!" The chest

was corded; and M'Culloch was instructed to carry it to

Surgeons'-square, witness and Burke accompanying him. On their way they

met Mrs. M'Dougal and his (witness') wife, in the High School Yard, and

they all went together. Having delivered the chest to Paterson, it was

placed in a cellar, and the latter then went with them to Dr. Knox at

Newington, where he and Burke were paid 2_l._ 7_s._ 6_d._ each, 5_s._

being given to the porter.

The witness was cross-examined by Mr. Cockburn on behalf of the

prisoners, when he admitted that he had followed many businesses, both

in Ireland and in Scotland. He had been frequently concerned in

supplying medical schools with subjects, but had never assisted in

raising any bodies from church-yards. He had often seen bodies carried

to the houses of medical lecturers, but declined to say how often; he

also declined to say whether he had been concerned in the murder of any

other person but the old woman, and whether he had been present at any

other murder in the course of the same month of October.

[Illustration: Mob Persuing M^{rs.} M^cDougal.

p. 175]

Mrs. Laird, the wife of this witness, gave evidence very similar to that

of her husband, corroborating his statements as to so many of the

transactions which he had described as had fallen within her knowledge

and observation.

This completed the case for the prosecution, and a most humane and able

address having been delivered to the jury by Lord Meadowbank, at

half-past eight o'clock in the evening, they retired to consider their

verdict. During the period of their absence, which extended to fifty

minutes, the most breathless anxiety was exhibited as to the result of

the trial, and upon their re-entering the court, an eager silence

prevailed amongst the persons assembled. The verdict consigned Burke to

an ignominious fate by a declaration of his guilt; but the jury,

contrary to all expectation, declared, that as to Mrs. M'Dougal, the

offence alleged was "not proven," a finding which relieved her from all

immediate consequences upon the indictment.

Lord Meadowbank immediately passed the sentence of death upon Burke, and

ordered him to be hanged on the 28th January, 1830, and his body to be

delivered over to the surgeons for dissection.

The Chronicles of Crime or The New Newgate Calendar. v. 2/2 being a series of memoirs and anecdotes of notorious characters who have outraged the laws of Great Britain from the earliest period to 1841 · 第 24 / 90 段