Chapter XII: Part 12
The case of these diabolical criminals, as it was proved at the trial, which took place at Shrewsbury on the 2nd of August 1828, before Mr. Justice Gazelee, scarcely finds a parallel in the whole series which we present to our readers. It exhibits the dreadful features, of a mother and father-in-law combining to procure the commission of murder, to save their son from justice; and that son, the object of their solicitude, procuring the conviction of those by whose means he had been before saved from an ignominious end, for the offence to which they had made themselves parties on his behalf, to relieve himself from the due reward of further crime committed by himself.
It appeared that, in the neighbourhood of Market Drayton, on the borders of Shropshire and Staffordshire, there existed a dreadfully depraved set of people; and that a gang, to the amount, it was said, of from forty to sixty, was confederated for general purposes of plunder. The nucleus of this gang consisted of several persons, closely knit by ties of relationship, of connexion, and of neighbourhood, as well as of guilt; while the general depravity of the district enabled them, as occasion required, to add to their numbers, to almost any extent. One of these persons, by name Thomas Ellson, was in 1827 taken up for stealing potatoes; and, whilst in jail upon that charge, an accusation of sheep-stealing was brought against him. The chief evidence upon which this latter charge, a capital one, depended, was that of a man who had occasionally joined in the proceedings of the gang, named James Harrison. It became, therefore, the object of the friends of Ellson to get this man out of the way. First, they determined to poison him; and Ellson's father-in-law, John Cox, went to an apothecary's shop to buy arsenic for that purpose. The boy in the shop refused to sell it to him, unless some one else were by, which, as there was no one else in the house, could not then be the case; and Cox, probably not liking such formal proceedings, retired.
The next step was one of the most extraordinary in the whole case. Ann Harris, Ellson's mother, who had married a second husband of the name of Harris, went to a woman living in Drayton, whom she knew, and asked her if her husband were not going to Newcastle. The woman answered that he was. "I wish then," said Harris, "that he would buy me an ounce of arsenic." "What do you want it for?" "I want it to poison that damned scoundrel, James Harrison."--The woman upon this remonstrated--assured her it was a very wicked thing to poison James Harrison,--and, after some conversation, old Ann Harris went away, promising that she would not carry out her expressed intention.
Poison having failed, it was determined to have recourse to more direct means; and Ann Harris and old Cox subscribed fifty shillings a-piece, to _hire_ Cox's two sons, and a young fellow of the name of Pugh, to put Harrison to death! Harrison lodged in the house of Pugh's father, and, it was said, occupied the same bed with Pugh himself. On the night of the murder, Pugh, to use his own expression, "ticed" Harrison out of the house, to go and steal some bacon. At a spot previously agreed upon, they met the two younger Coxes; and proceeding to a remote place, Pugh seized Harrison by the throat, while John Cox, the younger, took hold of his legs, and throwing him down, they strangled him. Meanwhile, Robert Cox was digging the grave!
The wretched man thus disposed of, everything remained perfectly quiet and unsuspected. It was generally supposed that he had gone out of the way to avoid giving evidence on Ellson's trial; though it seems very extraordinary that, after the latter had been acquitted, the non-return of Harrison excited no suspicion. No supposition of his death, however, appeared to have arisen, and the murder was discovered only by the means of Ellson himself. As soon as this fellow came out of jail, the Coxes, Pugh, and his mother, at various times, sometimes when several of them were together, and sometimes separately, told him all that had taken place, vaunting to him how they had saved him. The very night of his release, old Cox, one of his sons, and Pugh, bragged to him, that "if it had not been for them, he would not be there,"--and the next day, when he was at his mother's, Robert Cox came thither, and said to her with oaths and abuse, "If thee doesn't give me more money, I will fetch him, and rear him up against thy door!"--alluding to the murdered man!
Nothing, however, transpired till towards the end of June 1828, when Ellson was taken up for stealing fowls, and then, in order to save himself from the punishment attending this offence (at the most seven years' transportation), he told all that the guilty persons had told him; and on his evidence they were apprehended.
Such are the facts of this revolting case; but we must describe some of the peculiarities of the trial itself.
The five prisoners were placed at the bar: old Ann Harris stood first;--she seemed what would ordinarily be called a smart old woman--her features were small and regularly formed, and her countenance was remarkable only for a pair of exceedingly keen and sparkling black eyes, the expression of which, however, was certainly in no degree indicative of ferocity. Old Cox stood next to her, and his countenance presented a most unpleasing, almost revolting, aspect. It was easy to believe the current story that he was at the head of the gang at Drayton--the very patriarch of all the thieves and scoundrels in that part of the country. He had, undoubtedly, brought his sons up to robbery as to a trade, and he had now hired them to commit murder! The two sons were next to him, and were not remarkable in their aspect. Pugh was last--and he was an ill-looking fellow enough, though not strikingly so.
As the trial proceeded, one of its peculiarities soon became apparent. This was that a vast proportion of the witnesses were of the closest kindred to the accused. And what was more horrid, was the fact of the father of the murdered man being called to speak to the identity of the body, which, having lain in the earth nearly a year, was so totally decomposed as to be recognizable only by the clothes; but to this the father added that "the colour of the hair was that of his son!"
It shocked all present greatly, when the father and mother of Pugh were called to speak to some minute facts with regard to the night on which Harrison was murdered, with reference to his leaving their house, where he lodged. The chief evidence was what the prisoners themselves had told to Ellson; but he being a person of execrable character, it was necessary to support his testimony by every corroborative circumstance that could be proved. Accordingly, in the early part of the trial, these wretched old people were brought forward to give testimony to facts bearing against their son's life: they were but very slight, but, as far as they went, they were confirmatory of the main story; and it is difficult to say whether the extreme coolness and composure with which the parents gave their evidence were not still more dreadful than if they had been violently affected.
Besides Ellson himself, there were also his wife, who was the daughter of one and the sister of two of the prisoners, and his sister, who was the daughter of another, called as witnesses! These young women also gave their evidence without strong emotion, although they certainly seemed far more impressed with the position in which they stood than the other witnesses named.
Ellson was calm, decided, and firm, to a degree which gave rise to unmingled disgust in every one who heard him. It will be recollected that the crime had been committed to save him--Pugh certainly committed the murder _for hire_; and the Coxes, perhaps, might have had some interests of their own mixed up with his;--but, even as regarded these last, the first object had been his escape; and his mother undoubtedly had dyed her hands in blood, solely to save her child.
The witness was a fine, well-looking fellow of about five-and-twenty--and, undoubtedly, until the severe cross-examination he underwent caused a struggle--though a perfectly successful one--to keep down his temper, his countenance was rather agreeable than otherwise. His story was clear, consecutive, and, no doubt, true. Each individual concerned in the transaction had, immediately on his release from jail, very naturally told to him, for whose sake it had been committed, all the circumstances regarding the murder. Pugh appears to have been the most detailed in his account, and to have rather bragged that it was he who "'ticed un out o' feyther's house, to steal some bacon,"--and that it was he who had "gripped un by the throat." In some instances, the Coxes were present during these recitals, and at others they spoke of the subject to Ellson themselves. While this part of the evidence was going forward, the strongest horror was excited against the perpetrators of the crime--so treacherous as it was in its concoction, and so coldly cruel in the manner in which it was carried into effect. Moreover, the idea that Pugh certainly altogether, and the two young Coxes in great part, had committed this murder _for hire_, was a circumstance of a character so new, and so awfully depraved, that the story carried the auditory along with it, and they forgot altogether the scoundrel who was telling it. But when he came to speak of his own mother, what must have been their sensations! Her guilt, dreadful as it was, almost disappeared; the thought could be only of the unnatural and ungrateful villain, who, to save himself from a light and temporary punishment, was thus giving to the gallows the mother who had born him, for a crime caused by her extravagant affection for him. He repeated twice or three times, in answer to the questions of the examining counsel, who felt it necessary to make the matter quite clear, that his mother had told him that she and old Cox had given fifty shillings a piece to have Harrison murdered. He said this as calmly as any other person would narrate any indifferent fact--and his mother's eyes were on his face all the time!
Mr. Charles Phillips cross-examined the witness at great length, very severely, and very skilfully: he drew from him that he had been in jail repeatedly, almost constantly, for theft of all kinds and descriptions; and he drove him into attempts to shuffle, very nearly approaching to prevarication, on several minor points, not connected with the case. But, regarding the case itself, he was not shaken at all; and although the universal sensation in the court must have been that of loathing and disgust for the mercenary cold-bloodedness of the proceedings to which he had had recourse, no serious doubt could for one moment be entertained that he was telling the truth.
The jury under these circumstances were compelled to return a verdict, consigning the wretched prisoners to a violent death.
The extreme sentence of the law was immediately passed upon the convicts, and their execution was appointed to take place on the following Monday, the 4th of the same month.
On the next day, a reprieve was granted in the case of Robert Cox, one of the sons, upon grounds which do not appear to have been well understood at the time, and he was transported for life. A respite for a week was also granted in the case of the elder Cox, and Ann Harris, who had been convicted only as accessories before the fact; but the awful punishment of death was left to be carried out in its due course upon Pugh, and John Cox the younger. The former, after his trial, declared his sense of the justice of his sentence, and that he regarded the termination of his career as a happy one, for that he constantly saw Harrison by his side; while the latter, with cold-blooded firmness, urged him to keep up his spirits, for that "he could die but once."
The execution had been appointed to take place at mid-day; and at a few minutes before twelve o'clock all the convicts, together with Ellson, were drawn up in the inner yard of the jail. Pugh and Cox were then pinioned; and while Ann Harris, old Cox, and his son Robert, were reconducted to the jail, Ellson was carried to a spot from which he must witness the conclusion of this dreadful scene. The authority by which this course was adopted, may well be doubted, for the miserable wretch was undoubtedly entitled to his discharge, as the indictment against him had been withdrawn; but it is probable that it was thought that the example afforded by such a proceeding might tend in some degree to check the thirst for crime, which appeared to exist in that district of the county.
The miserable convicts were directly afterwards led to the scaffold, dreadfully agitated, and uttering ejaculations imploring mercy for their sins; and all being in readiness, the drop fell, and they were launched into eternity.
The sentence of the wretched mother of Ellson, and of old Cox, was subsequently changed for that of transportation; and with this bare recitation of its facts, we shall close the scene upon this frightful case.
JOSEPH HUNTON.
EXECUTED FOR FORGERY.
The case of this criminal excited considerable attention from the circumstance of the offender having been long known in the city of London, as being a person of good repute, and also from the fact of his being a quaker.
It would appear that a considerable number of forged bills of exchange having been put in circulation, the result of the inquiries, which were made by the Committee of Bankers for the Prevention of Frauds and Forgeries, was clearly to fix the offence upon Hunton. The bills were for the most part accepted in the name of Mr. Edward Wilkins of Abingdon, and purported to be drawn by the firm of Dickson and Co. of Ironmonger-lane, warehousemen, in which Hunton was a partner. It so happened, however, that intelligence was received in town, before several of them became due, that Mr. Wilkins was dead; and upon inquiry, it turned out that the whole of the acceptances in the name of that person were forgeries. Hunton received speedy information of the discovery of the frauds of which he had been guilty; and upon inquiry being made for him, he was found to have absconded. Officers were immediately despatched in all directions to secure his person, and he was at length traced by Forrester, the city constable, to the neighbourhood of Plymouth. He directly started in pursuit, with some others who were employed on the same errand; and upon inquiry there, they learned that the object of their search was upon the point of sailing for New York in the Leeds packet, on board which he passed under the assumed name of Wilkinson. The officers immediately proceeded on board that vessel, and under pretence of having a letter to deliver, they were introduced to the forger. Upon their informing him of the nature of their mission, he was not able to utter a word, but rose and followed them, and was immediately conveyed to the shore. It is rather extraordinary that the first paper taken from his pocket was a letter directed to the editor of "The Times," stating that the amount of the forgeries ascribed to him in a paragraph in that journal was considerably exaggerated, and requesting that an acknowledgement to that effect should be inserted, in justice to the party accused, who would return as soon as possible, and pay off all his pecuniary obligations. There was also found in his pockets the copy of a letter directed to the house of Curtis and Co., informing them, that as it was not convenient for the firm to discount any more bills for him, he should absent himself for a short time from London. These were both directed from Deal, and were, no doubt, intended to mislead, as the writer never went near Deal in his route. He had entered the packet in his quaker dress; but in the course of a few hours he put on a light-green frock, a pair of light-grey pantaloons, a black stock, and a foraging-cap. It was ascertained that he had previously entered a French steam-boat on the river, with the intention of proceeding to Boulogne, and that he had been actually in that boat at the time of its being searched by some officers, who were endeavouring to procure his apprehension.
Upon his arrival in town, he underwent an examination before the lord mayor, upon the charges which were preferred against him; and several cases having been substantiated, he was fully committed for trial.
At the Old Bailey sessions, on the 28th of October 1828, the prisoner was put upon his trial, and he was found guilty upon a charge of forging a bill for 162_l._ 9_s._ with intent to defraud Sir William Curtis and Co. On the following Tuesday, the 4th of November, he was again indicted for a similar offence, in forging a bill for 94_l._ 13_s._ when a similar verdict was returned; and at the conclusion of the sessions, notwithstanding the recommendation of the jury to mercy, he received sentence of death.
A considerable time elapsed before the case of this unfortunate prisoner was reported to the Crown, in accordance with the custom which then prevailed; and it was not until the 8th of December that his sentence was carried into effect; but before we describe the circumstances attending the execution, we cannot help alluding to a most extraordinary delay which took place in the report of the recorder of London of the cases of no less than forty-nine prisoners confined in Newgate on various capital charges. It would appear that his majesty being at Windsor, the recorder proceeded to the Castle on Monday the 24th of November, for the purpose of making his report, when three wretched prisoners were ordered for execution. In accordance with the usual practice, it would have been the duty of the recorder to proceed forthwith to London to communicate the result of the deliberation of the privy council at Newgate, in order that the unhappy criminals, whose cases had been under consideration, might be at once relieved from the dreadful suspense in which, situated as they were, they would necessarily be placed. Monday night passed, however, and no intelligence was received of the learned gentleman, or of the decision which had been arrived at; and the greater part of Tuesday was permitted also to elapse before their dreadful anxiety was relieved. At five o'clock on that afternoon, the clerk of the learned gentleman reached Newgate with the death-warrant; and then only was it that the fate of the prisoners could be disclosed to them. The subject was brought under the consideration of the court of aldermen at the earliest possible period, with a view to the recorder giving some explanation of the very singular conduct of which he had been guilty; and he then stated, that the council not having terminated until past eight o'clock on the evening of Monday, he was at that time too fatigued to return to town on the same night; and that on his starting from Windsor on the following morning, he was so long delayed on the road, that he did not arrive in town until half-past three o'clock. This excuse, however plausibly it may have been put by the learned gentleman, was at least a lame one; and the remarks which were made upon his conduct at the time by the public, and by the press, were confined to no very measured terms.
Although so many prisoners had been reported on this occasion, it was found that Hunton was not among the number, a circumstance which gave him undue hopes and expectations, that he would be spared an ignominious death. A second report, however, was made on Monday the 1st of December, when the wretched criminal, with three others, was ordered for execution on the 8th of the same month.
Hunton bore the intelligence, "that he was certainly to die," with apparent fortitude. He was lying on his pallet when the Ordinary entered his cell at a little after eleven on Monday night. Upon hearing the cell-door open at so extraordinary an hour, he turned round slowly, and said, "Well, I suppose I know the news thou bringest?" "Yes," replied the Ordinary, "Mr. Hunton; you are, I hope, prepared for that which you have expected--you are to be executed." Hunton said, "Indeed, I have been expecting that intelligence; it is no surprise, and yet my case has many palliatives which should operate with grace at the seat of mercy. Pray, tell me who are doomed to die with me?" The Ordinary mentioned the other names enumerated in the report, and Hunton observed, that he should submit with calmness to his fate. "But," said he, "wilt thou do me the great favour, friend Cotton, to permit my wife to come and stay with me alone before the time arriveth for the change?" The Ordinary replied, that he had not the power to grant any favour, but the request should be communicated to the proper authority, and no doubt every indulgence of a reasonable kind would be granted. During this conversation, Hunton seemed to be perfectly resigned to his fate. It is singular that he never asked on what day he was to be executed. After the Ordinary assured him that he should be treated with kindness, he turned about, and said, "Good night, friend," and appeared to resign himself to sleep. In the morning he rose, evidently in a state of the most wretched dejection: his eyes were filled with tears, and he deplored the inhumanity of the laws, by which a man who had committed an act not deserving the name of fraud was to suffer death. The spirits by which he had been supported ever since his committal to Newgate altogether abandoned him: he wrung his hands in agony, and complained of the bitter aggravation of delay. When he first entered Newgate, he said, "I wish, after this day, to have communication with nobody; let me take leave of my wife and family and friends; I have already suffered an execution; my heart has undergone that horrible penalty." A few days afterwards a person called upon him to request that he would explain some document relating to certain bills not yet due. In one instant he gave the required explanation, fully to the satisfaction of the person interested; and was asked by the same individual what opinion he entertained of his own case? "Why," said he, "my case resembles the condition of this paper (holding the letter upon his finger)--a breeze of wind will turn it either way. Caprice may save or destroy me; but I rather think I shall live longer." He was on the Tuesday visited by his wife and several of the society of Friends, and he told them he knew that to hope would be to court deception. He was, during the whole day, the most painful object to those who went to console him: he groaned as if his heart were bursting within him, and seemed to consider this life all that a human being could wish for.
The execution of a man who was known to have moved in so respectable a sphere of life as the unfortunate Hunton, failed not to attract an immense crowd of persons to the vicinity of the jail of Newgate on the morning upon which it was determined that his life should be forfeited. From the extraordinary efforts which had been made to save this unfortunate culprit, a very general belief was entertained that a respite would most certainly arrive for him even so late as on the morning fixed for his death. His safety was considered almost certain, and many were scarcely persuaded that he would really suffer, even at the moment when the fatal cord encompassed his neck. The unfortunate man had, however, calmly composed his mind to meet his fate, and seemed to contemplate its approach without dread. He was on Sunday visited by several ladies and gentlemen of the society of Friends, who were accommodated with an apartment, in which they remained in their peculiar devotions for several hours. Afterwards the unhappy man was attended by two gentlemen, elders of the congregation, who sat up with him in the press-room all night, during which time Hunton composed a very long prayer, appropriate to his situation and approaching death. He committed his thoughts to paper, and after he had completed the prayer, he copied it, and directed it to "his dearly-beloved wife." At about half-past seven the two elders left the miserable man, after they had "kissed," and their absence was supplied by the attendance of Mr. Sparks Moline, of Leadenhall-street.
At fifteen minutes before the awful hour of eight, the under-sheriffs arrived at the prison, preceded by their tipstaffs, and were conducted by Mr. Wontner to the press-room. At the end of this gloomy apartment was observed, sitting at a long table which was strewed with pieces of paper and books, the ill-fated Hunton; immediately opposite sat his "friend," Mr. S. Moline. Hunton, turning his head, and observing the group of officers as they entered the room said, "I pray thee stop a minute; I'll not be long." He then concluded reading, in a distinct voice, the prayer he had composed in the night; it was couched in the most impressive and devout language that can be imagined. In it he expressed his dependence on the merits of Jesus Christ, and a hope, that when the spirit was separated from the body, it would join the angelic host above, in singing praises to the Son of God, and to the Almighty. Hunton had a very peculiar kind of voice, somewhat shrill and effeminate; he, however, spoke with firmness. There was nothing in his manner to condemn, but it showed a perfect self-possession. Mr. Moline, when the unhappy man had done reading, bowed his head, and responded, "Amen!" Hunton then arose, and folding up the paper in a hurried manner said, "I am quite ready now." Mr. Wontner approached him, and said he might remain seated for a short time longer; when he thanked the worthy governor, and resumed his seat at the table, and occupied his time by perusing some religious work before him. During this time John James, aged nineteen, who was condemned for a burglary in the house of Mr. Witham, the barrister, in Boswell-court, and two others were brought into the room attended by the Reverend Ordinary.
The wretched Hunton, during the pinioning of his fellow-convicts, conducted himself with the greatest calmness and devotion. He repeatedly addressed those who were to suffer with him, urging them to repentance.
All having, at last, been properly secured, it only remained for the unfortunate Hunton to undergo the same ordeal as his fellow-sufferers. The unhappy man was indulging in a sort of reverie, when Mr. Wontner tapped him upon the shoulder. He instantly stood up, and deliberately took a white stock from his neck, and approached the officers; he stood firmly, and when the man was in the act of tying his wrists he said, "Oh, dear, is there any necessity to tie the cord so fast?" The officer made no reply; upon which Hunton said, "Well, well, thou knowest best." He again complained of the cord being too tight about his arms, which was slackened a little, and the unhappy man said, "Thank thee, thank thee." After he had been thus secured, he said, "Wilt thou allow me to wear my gloves?" "Yes, certainly, sir," was the reply, and with some difficulty he put them on, and still kept the prayer addressed to his wife in his hand. All being now in readiness, the mournful procession moved towards the scaffold.
Before Hunton left the room, he said to Mr. Moline, "Thou will not leave me, friend?" "No," said Mr. Moline, "I will see thee to the scaffold." Mr. Moline then supported the unhappy man along the passage to the lobby at the foot of the scaffold, where he sat down by the side of his friend, still holding the prayer to his breast.
Hunton was the last who was summoned by the officers. Upon his name being pronounced, he turned round, and delivering the prayer to Mr. Moline, each shook the other's hand, and kissed lips, the unhappy man observing, "You may say I am quite happy and comfortable--fare thee well." He then quickly ascended the steps with the same unshaken firmness and deliberation which had marked his conduct throughout the trying period. He took his station under the fatal beam, and requested that a blue handkerchief, to which he seemed fondly attached, might be fastened over his eyes, which was accordingly done.
The preparations of the hangman for the deaths of these unhappy men being completed, the Reverend Mr. Cotton commenced reading a portion of the burial-service, and at a given signal the drop fell, and the four unfortunate beings were suspended. A loud shriek from some persons in the crowd followed the close of the melancholy scene.
The sufferings of the unhappy men were but brief. The rope by which Hunton suffered was longer than the rest, on account of his remarkably low stature; it soon reached its full tension, and he appeared to die instantly.
After the bodies had remained suspended for an hour, they were cut down and removed into the interior of the jail, preparatory to their interment.
The unfortunate Hunton, it appears, commenced business at Yarmouth, as a slop-seller; and having been exceedingly prosperous, he opened a concern of some magnitude at Bury St. Edmunds, Suffolk: and also engaged in business as a sugar-baker in the metropolis. He had previously married a lady, a member of the society of Friends, to which sect it will be perceived that he also belonged, and was supposed to be possessed of property to the amount of 30,000_l._ Relinquishing these concerns he entered into partnership with Messrs. Dickson and Company, of Ironmonger-lane, who soon discovered that he was engaged to no small extent in speculations on the Stock Exchange, in which, as it turned out, he was particularly unsuccessful. A dissolution of partnership was the consequence, and then the unhappy man, driven to want and despair, committed those frauds which cost him his life. Up to the time of his absenting himself from London, he had a large establishment at Leytonstone, in Essex, where he was always looked upon as an eccentric, but highly honourable and respectable person. The appearance and demeanour of the unhappy man, at the time of his apprehension, were such as to excite the greatest commiseration among those who saw him. Although it would appear that the forgeries of which he had been guilty were of no trifling extent, at that period one hundred sovereigns only were found in his possession.
WILLIAM BURKE.
EXECUTED FOR MURDER
The unparalleled atrocities of which this diabolical murderer was guilty, with his associates, can scarcely ever be obliterated from the recollection of man. Devoid of all sense of humanity,--a butcher of the human race, he was guilty of almost innumerable murders, for which his only reward was to be the miserable amount to be paid him for the bodies of his victims, in order that they might be submitted to the knife of the anatomist.
The scene of these horrible occurrences was Edinburgh; but notwithstanding the publication of the details of the circumstances attending them which appeared at the investigations which took place before the sheriff, few could be found who had formed such an idea of the baseness of human nature, as to believe the possibility of the truth of the dreadful disclosures which were made. The traffic in human blood, with such an object as we have already pointed out, appeared too fearful a crime to be contemplated; and all suspended their judgment until the issue of the solemn inquiry of a jury should decide upon the allegations which were made. Upon that inquisition, however, the most dreadful apprehensions which were entertained as to the result were fully realised, and the reports which had been circulated with reference to the offences charged against the prisoners, were amply proved to be well founded.
The metropolis of Scotland had been long and frequently excited by statements being made of the disappearance of persons in the lower orders of life, who were suddenly missed, and of whom no subsequent traces could be discovered. Tramps entering the city with their friends were suddenly lost; Irish hay-makers, on their road to the agricultural districts of the Lowlands, in the same manner seemed to vanish from among their companions; and in one instance an idiot, who in Scotland is always looked upon as a harmless playmate for the children, as a welcome guest at every table, and as an object of universal pity, was on a sudden lost from the favourite haunts of his imbecile wanderings. Suspicions of a dreadful character entered the minds of persons, whose duty it was to superintend the police of the town,--suspicions of murder, which might well be supposed to have been excited by the influence of the Almighty, and through which the guilty were eventually discovered and brought to punishment.
The occurrence which immediately led to the disclosure of these diabolical crimes was the unaccountable disappearance of a mendicant named Mary Campbell, an Irishwoman, who, after having been seen frequenting the same vicinity for a considerable time, towards the end of October 1829, was suddenly missed. The poor woman happened to have friends, who were not disposed to treat her loss lightly, and a rigid inquiry by the police was the result. An idea was suggested that her body might be found at some of the medical schools in Edinburgh, so justly celebrated for the excellence of the anatomical instruction which they afforded to the pupils; and one day's search testified the truth of the fears which had been excited of her death. Her remains were discovered at the dissecting-room of Dr. Knox, a distinguished anatomist, bearing marks perfectly conclusive of their identity. The poor woman had received a wound upon her ancle, from the kick of a drunken man, the aspect of which was sufficiently well known to enable her former companions to speak with certainty as to the body. The cause of death was now the subject of investigation; and here the deficiency of caution in the purchase of subjects, the necessity of a change in the law with regard to the provision of bodies for dissection, and finally, the certainty of the murder of the deceased, were exemplified. The medical men, by whom the body was examined, gave their firm and decided opinion that suffocation had been the means by which the deceased had been deprived of life,--a means which it was exceedingly unlikely any natural circumstances would have produced. It was evident, therefore, that murder had been resorted to,--it was believed, with a view to secure the body of the wretched woman, in order that it might be sold for dissection.
The next inquiry which followed, was that as to the individual from whom the subject had been purchased. The law at that time contained no enactment with regard to the mode by which surgeons were to be provided with those subjects which the study of anatomy, so important to the human race, positively required that they should possess. The occasional execution of a criminal, whose remains were ordered by the terms of his sentence to be given over to the surgeons for dissection, afforded no sufficient supply to meet the constant demand which existed; and the stealing of dead bodies was a practice openly encouraged by the professors of anatomy, although it excited universal disgust and hatred amongst those whose immediate interests forbade their looking upon the custom with any feelings but those of horror.
So long as the war continued, the period of time required for the completion of the education of medical students, so as to fit them in some measure for the army or navy, was very short, and the study of anatomy was consequently so much neglected, that it frequently happened that a student filled the office of assistant-surgeon in those services who had never dissected an entire body. At that time the dissecting-rooms were supplied by men who in general exhumated the bodies; and, as the suspicion of the public was not excited, it was attended with no great difficulty. The highest price then ever obtained by these men was four guineas for each subject; but as the number of medical men increased, and many gentlemen, who had been engaged in the army and navy during the war, returned to complete their education, the demand became greater, and consequently the risk of procuring subjects by the usual means was proportionately augmented. The men were frequently detected in their attempts, and punished severely; they therefore demanded an advance in their remuneration; and in consequence of no legal provision being made for supplying the schools, it was found necessary to accede to the demands. The price then became eight guineas; and it subsequently varied from that to sixteen guineas, according to circumstances.
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.
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The Chronicles of Crime or The New Newgate Calendar. v. 2/2Chapter XII: Part 12
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