Chapter XI: Part 11

It is impossible, without adverting to all these facts, to form any conception of the popular fury on this occasion. It might be possible to imagine a case in which a criminal, although exhibiting the very highest depravity, might yet be not improperly looked upon with the eye rather of pity than of condemnation,--as one whom nature had given instincts and passions such as she gives alike to man and brute, but for whom subsequent events had done worse than nothing. In fact, such is the strong tendency of mankind to revolt from the idea of such unnatural enormities being committed in aught of human shape, that when the system of traffic which had been practised by Burke and his associates first flashed in a full disclosure on men’s understandings, not a few were inclined to search, in some extenuating circumstances of this kind, for a cause of palliation of this unparalleled felon’s iniquity. It was at least not an impossible supposition, that the wretched man might have been labouring under a total insensibility of moral and even of intellectual feeling, arising from an entire want of education--from a mind dull and inert in its perceptions originally, and not only in after life allowed to lie waste, but rendered still more callous and impassive every day by a constant contact with scenes of infamy. Could we indeed imagine that Burke had been left to have his character formed under an accumulation of influences fatal and awful to contemplate as these are--that his life had been always spent in profligate habits and profligate haunts--that he had been born with a ferocious and indocile nature, and bred in situations which barred all progressive movements to good--that, in short, he had never had ideas poured into his intellect, or any humane feelings generated in his bosom--then perhaps it might furnish matter of curious investigation to the metaphysicians, whether he was not, after all, a case which called for deep sympathy. But enough has transpired of the history of this extraordinary man, to show that he at least was placed in no such deplorable predicament. His education and rank in life, instead of having been by any means of the lowest order, were such as, in the judgment of the world, and on the authority of experience, are held of necessity to humanize and inform the mind, and to communicate perfectly just conceptions of moral distinctions. In addition to this, many people hold it to have been made out that Burke was a man of strong mind, of an understanding much superior to his condition. When, therefore, he stood convicted before his country as one who, for his livelihood, had been a wholesale dealer in human slaughter, he stood without the benefit of one single mitigating circumstance, to weaken the profound sense of horror and indignation which pervaded all hearts. He had known the full measure and enormity of the guilt which he was perpetrating, and the whole practical amount of human suffering which he was inflicting day by day on bereaved families and friends; and, appearing in this light, every one felt that it was idle to talk of mercy, and the most charitable were disposed to say, Let the law take its course.

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During the whole of Wednesday the College was beset by numbers anxious to catch a glimpse of the body as it was conveyed to Dr. Monro’s Anatomical Theatre. It was resolved, however, that the removal should not take place upon that day, but should be effected in the subsequent night, when there was no probability of a crowd collecting. Still, however, the people continued to stand and gaze at the building in which they believed him to be, as if they expected the inanimate body to appear to them.

Early on Thursday morning the corpse was removed from the Lock-up-house to the College, and placed in one of Dr. Monro’s rooms. Several scientific gentlemen attended at an early hour to examine the appearances before the promiscuous entry of the students should prevent their undisturbed examination; among others we noticed Mr. Liston, Mr. George Combe, and his philosophical opponent Sir William Hamilton; Mr. Joseph the eminent sculptor, was also present, and took a bust of the criminal. Sketches were likewise taken by more than one young gentleman.

The body was that of a man you might call stout or sturdy. The neck was one of those that are usually denominated a bull-neck. The chest and the upper part of the arms were extremely muscular. The lower parts were so also, but not in the same proportion. The lower part of his body was thin, but his thighs were extremely large, the leg and foot small. Altogether he exhibited any thing but the appearance of an emaciated body, and every one was astonished to find it display such plumpness and stoutness, differing very materially from the aspect he had upon the scaffold,--but then, as we have already noticed, the size of the clothes making them hang loosely upon him, gave a look of feebleness and narrowness to the chest which it did not possess.

The countenance was not so much altered after death as is usually the case, or as was generally expected. It presented the appearance of great placidity, without the slightest thing which could indicate that he had suffered a violent death, excepting the discoloration of the neck where the cord had surrounded it and made a livid mark; nor was there that fulness of the features generally attendant on those who have suffered a similar death, owing, perhaps to his head having been supported in a perpendicular position after being cut down. The countenance betokened the same meanness and low wickedness which it exhibited at the trial.

In the course of the forenoon the body was inspected by a number of individuals, though the public were not admitted generally.

Professor Monro, in pursuance of the sentence of the Court, gave a public dissection of the body at one o’clock to a numerous audience; indeed the class-room was quite crowded. The learned lecturer was received with every mark of respect, accompanied by the usual demonstrations of welcome. We observed among the audience many highly respectable professional gentlemen anxiously waiting to hear Dr. Monro upon the particular subject of the day’s lecture, as it was known that it was to be the brain, a portion of the anatomy of the human body on which the professor has bestowed particular attention, and on which, in consequence, his lectures are particularly valued. He has also some new views regarding the brain, the correctness of which we are assured the result of the lecture sufficiently proved. Previously to commencing, the professor did every thing in his power to satisfy the curiosity of those who wished to have a view of the features, by exposing him in the most favourable position. In the dissection he was aided by his able assistant, Mr. M‘Kenzie. It was commenced by first taking off the scalp to show the muscles of the upper part of the head; these being removed, the skull was sawn through, and the brain with its covering exposed. The quantity of blood that gushed out was enormous, and by the time the lecture was finished, which was not till three o’clock, the area of the class-room had the appearance of a butcher’s slaughter-house, from its flowing down and being trodden upon.

The anxiety to obtain a sight of the vile carcass of the murderer was exceedingly great, particularly after the dismissal of Dr. Monro’s class; and the Doctor, in the most obliging manner, accommodated every one to the utmost extent the apartments would admit of. About half past two o’clock, however, a body of young men, consisting chiefly of students, assembled in the area, and becoming clamorous for admission _en masse_, which of course was quite impracticable, it was found necessary to send for a body of Police to preserve order. But this proceeding had quite an opposite effect from that intended. Indignant at the opposition they met with, conceiving themselves to have a preferable title to admission, and exasperated at the display of force in the interior of the University, where they imagined no such interference was justifiable, the young men made several attempts, in which they had nearly succeeded, to overpower the Police, and broke a good deal of glass in the windows on either side of the entrance to the Anatomical Theatre. The Police were in fact compelled to use their batons, and several hard blows were exchanged on both sides. The Lord Provost was present for some time, but was glad to retire with whole bones, amidst the hootings of the obstreperous youth, who lavished opprobrious epithets on the Magistrates, particularly on Bailie Small, the College Bailie, who displayed considerable activity, and harangued the assemblage from time to time with apparently very little effect. Attempts were made to convey some prisoners the Police had made across the square, but they were speedily rescued on attaining the open space. Those captured afterwards were lodged in one of Dr. Monro’s rooms, but this scarcely afforded more secure custody. It was also attempted to clear the yard with but indifferent success; indeed the Police were overmatched, and could only stand their ground by avoiding the open area. The disturbance lasted from half-past two till nearly four o’clock, when an end was at once put to it by the good sense of Professor Christison, who announced to the young men that he had arranged for their admission in parties of about fifty at a time, giving his own personal guarantee for their good conduct. This was received with loud cheers, and immediately the riotous disposition they had previously manifested disappeared. We cannot conceive why this expedient was not thought of earlier; for if it had, there would have been no disturbance of any kind. Several of the more violent of the youths were taken into custody by the Police, but were very properly liberated on their parole by the Magistrates. The whole fracas, indeed, was a mere ebullition of boyish impatience, rendered more unruly by their extreme curiosity to obtain a sight of the body of the murderer. Several of the policemen were severely hurt; but _en revanche_, we believe not a few of the young men have still reason to remember the weight of their batons, and some severe contusions were received. South Bridge Street, in front of the College, was kept in a continued uproar, and almost blocked up by the populace who were denied access to the interior, and had the approaches not been guarded fresh accessions of rioters might have given it a more serious aspect. In fact, the body of Police on duty were too weak for the rioters, small parties being sent from the office as they came in from other quarters; a circumstance which rendered it necessary for them to use harsher means than they would otherwise have employed. On Friday, however, matters were better arranged. An order was given to admit the public generally to view the body of Burke, and of course many thousands availed themselves of the opportunity thus afforded them. Indeed so long as daylight lasted, an unceasing stream of persons continued to flow through the College Square, who, as they arrived, were admitted by one stair to the Anatomical Theatre, passed the table on which lay the body of the murderer, and made their exit by another stair. By these means no inconvenience was felt except what was occasioned by the impatience of the crowd to get forward to the Theatre.

On that day we again paid the College a visit, and formed part of the immense multitude who pressed on anxious to see the remains of the wretch. Having made our way to the stairs leading to the class-room, we moved up without much exertion of our own being required. The progression alone of the dense body which kept continually advancing, almost supplying the place of our usual locomotive powers. After a sufficiency of squeezing, we found ourselves in the room, where we tarried for awhile, that we might have sufficient time to make more minute observations than those who were hurriedly carried past in the continuous stream that moved along. The body was lying on the black marble table, which is usually in the class-room, on one side of the area, so as to allow free ingress and egress.

To give a better idea of what the countenance had been, the skull cap which had been sawn off the preceding day was replaced, and the outer skin brought over it, so as to retain it in the proper situation. The face, however, was much altered. We understand that an immense quantity of blood had flowed from the body during the night, producing doubtless the paleness which was now its principal characteristic. The features had entirely lost that decidedness and sharpness they yesterday possessed. The nose was thickened, as the lips likewise were, producing that bloated appearance usually seen in the faces of those who have died from strangulation. It altogether no longer presented the countenance of Burke.

It was really amusing to observe the different emotions displayed in those approaching and passing the body. They presented as great a variety of faces, both in old and young, as the most zealous physiognomist could have wished for in his studies. Some hesitated at the entrance, half inclined to retrace their steps, as if appalled at their own audacity in venturing so nearly into the presence of a corpse. The crowd behind, however, and their own curiosity urged them on, and they were almost borne past with uncovered head and pallid lip. Others walked boldly forward, viewing the body with a malicious smile, which spoke plainly their disgust at the crimes of the individual, and that this aversion overcame every sentiment of horror they might have felt at another time in looking on a similar spectacle.

The immense concourse of people whose curiosity induced them to visit this sad and humiliating spectacle of fallen and degraded man may be judged of, when it is mentioned, that by actual enumeration it was found that upwards of sixty per minute passed the corpse. This continued from ten o’clock until darkening, and when we left at nearly four o’clock the crowd was increasing, we cannot compute the number at less than twenty-five thousand persons, and counting the other days on which many saw him, though the admissions were not so indiscriminate, the amount cannot be reckoned under thirty thousand souls. A greater number of males probably than was present at the execution, and a far greater concourse perhaps than ever paid homage to the remains of any great man lying in state.

We understand, though we did not witness it, that some women whose curiosity presented a stronger impulsive motive than could in them be counteracted by the characteristic grace of a female,--modesty, found their way with the mob into the room where the naked body was exposed. It is not likely, however, that their curiosity will, in such a case, again get the better of their discretion, as the males, who reserve to themselves the exclusive right of witnessing such like spectacles, bestowed such tokens of their indignation upon them as will probably deter them from again visiting an exhibition of the sort; seven in all is said to be the number of females in Edinburgh so void of decency; but in justice even to them we may presume that they did not anticipate such an exposure. Several more however cast a longing look into the University, and even ascended the steps, but had the prudence again to retire.

Next day, Saturday, all ingress was denied, and again the front of the College presented a scene of confusion sufficiently annoying to those in the neighbourhood, and to passers by. Long after they had ascertained that no admission was allowed, the people continued gazing at the outer walls, and when their curiosity was abundantly gratified by this, or their patience exhausted, fresh arrivals of unwearied spectators arrived.

The phrenologists have, as a matter of course, seized with avidity this opportunity of, as they imagine, through it exhibiting the advantage of their favourite science, and thereby advancing it in public estimation. We will, out of the descriptions of the number given forth, confine ourselves to the two following.

PHRENOLOGICAL DEVELOPMENTS OF BURKE.

For the following measurement of the head of Burke, with the development deduced from it, we are indebted to an ingenious friend who has taken some interest in the science of Phrenology, without, however, becoming a convert to its doctrines. The measurement was taken with the greatest care, in the presence and with the assistance of an able Phrenologist: so that its accuracy may, we believe, be confidently relied upon:--

MEASUREMENT.

Inches.
Circumference of the head 22.1
From the occipital spine to lower Individuality 7.7
From the ear to lower Individuality 5
From ditto to the centre of Philo-progenitiveness 4.8
From ditto to Firmness 5.4
From ditto to Benevolence 5.7
From ditto to Veneration 5.5
From ditto to Consciousness 5
From Destructiveness to Destructiveness 6.125
From Cautiousness to Cautiousness 5.3
From Ideality to Ideality 4.6
From Acquisitiveness to Acquisitiveness 5.8
From Secretiveness to Secretiveness 5.7
From Combativeness to Combativeness 5.5

DEVELOPMENT.

Amativeness, very large. Philo-progenitiveness, full. Concentrativeness, deficient. Adhesiveness, full. Combativeness, large. Destructiveness, very large. Constructiveness, moderate. Acquisitiveness, large. Secretiveness, large. Self-esteem, rather large. Love of approbation, rather large. Cautiousness, rather large. Benevolence, large. Veneration, large. Hope, small. Ideality, small. Conscientiousness, rather large. Firmness, large. Individuality, upper, moderate. Do. lower, full. Form, full. Size, do. Weight, do. Colour, do. Locality, do. Order, do. Time, deficient. Number, full. Tune, moderate. Language, full. Comparison, full. Casualty, rather large. Wit, deficient. Imitation, full.

The above report, it may be necessary to observe, was taken a few hours after the execution. In consequence of the body having been thrown on its back, the integuments not only at the back of the head and neck, but at the posterior lateral parts of the head were at the time extremely congested; for in all cases of death by hanging, the blood remaining uncoagulated, invariably gravitates to those parts which are in the most depending position. Hence, there was a distension in this case over many of the most important organs which gave, for example _Amativeness_, _Combativeness_, _Destructiveness, &c._ an appearance of size which never existed during life, and, on the other hand, made many of the moral and intellectual organs seem in contrast relatively less than they would otherwise have appeared. In this state, a cast of the head was taken by Mr. Joseph; but although for Phrenological purposes it may do very well, yet no measurement either from the head itself in that condition, or a cast taken from it, can afford us any fair criterion of the development of the brain itself. We know that this objection applies to the busts of all the murderers which adorn the chief pillars of the Phrenological system, and in no case is it more obvious than in the present.

Our able Professor, Dr. Monro, gave a demonstration of the brain to a crowded audience on Thursday morning, and we have, from the best authority, been given to understand, that it presented nothing unusual in its appearance. We have heard it asserted, that the lateral lobes were enormously developed, but having made inquiry on this subject, we do not find they were more developed than is usual. As no measurement of the brain itself was taken, all reports on this subject must be unsatisfactory; nor could the evidence of an eye-witness in such a matter prove sufficient to be admitted as proof either in favour of or against Phrenology.

The question which naturally arises is, whether the above developments correspond with the character of Burke? It is not our intention to enter into any controversy on this subject; yet we cannot help remarking, that it may be interpreted, like all developments of a similar kind, either favourably or unfavourably for Phrenology, as the ingenuity or prejudices of any individual may influence him. We have the moral organs more developed certainly than they ought to have been; but to this it is replied, that Burke, under the benign influence of these better faculties, lived upwards of thirty years, without committing any of those tremendous atrocities which have so paralysed the public mind. He is neither so deficient in Benevolence nor Conscientiousness as he ought to have been, phrenologically speaking, and these organs, which modified and gave respectability to his character for as many as thirty years, all of a sudden cease to exercise any influence, and Acquisitiveness and Destructiveness, arising like two archfiends on both sides, leave the state of inactivity in which they had reposed for so long a period, and gain a most unaccountable control over the physical powers under which they had reposed for so many years succumbed. But, is the size of the organ of Destructiveness in Burke larger than it is found in the generality of heads?--and are his organs of Benevolence and Conscientiousness less developed than usual?--We hope to have it in our power, at an early period, to adduce sufficient evidence to determine these questions; and in the mean time, leave our readers, who have the inclination and leisure, to amuse themselves, like the astrologers of old, with the above phrenological horoscope of this atrocious criminal.

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It is an old saying that Doctors differ; nor has our recent experience tended, in any degree, to abate our confidence in this maxim. As it is desirable, however, to show both sides of a question at once, we insert the following “Observations on the Head of William Burke,” from the pen of a distinguished Phrenologist:--

Public attention has been so strongly attracted by the atrocious crimes of Burke, that the other incidents of his life, and his general character as a man, are liable to be altogether overlooked. In viewing his character, however, with a philosophic eye, the whole mental qualities manifested by him in the different situations in which he was placed, must be taken into account.

Burke was born in the parish of Orrey, county of Tyrone, in Ireland, in the spring of 1792. When at school, he was distinguished as an apt scholar--a cleanly, active, good-looking boy; and though his parents were strict Catholics, he was taken into the service of a Presbyterian clergyman, in whose house he resided for a considerable time. He was recommended by the minister to a gentleman in Straban, in whose employment he remained for several years.

He subsequently tried the trade of a baker, at which he continued only for five months. He thereafter became a linen-weaver, but soon got disgusted with the close application that was essential to earn a livelihood at that poorly-paid, irksome employment, and he enlisted in the Donegal militia. He was selected by an officer as his servant, and we are told that he demeaned himself with fidelity and propriety. While in the army, he married a woman in Ballinha, in the county of Mayo, and after seven years’ service, the regiment was disbanded, and he went home to his wife. He shortly afterwards obtained the situation of groom and body-servant to a gentleman in that vicinity, with whom he remained three years.

He subsequently came to work at the Union Canal in Scotland, and there formed an acquaintance with the woman M‘Dougal, who became remarkably fond of him, deserted her paternal roof for his society, and attached herself to him, partaking of his various fortunes during the last ten years of his life. It is mentioned that Burke treated her with kindness, and acknowledged her as his wife; and that she was passionately fond of him in return.

Being reduced to much wretchedness and poverty, Burke and M‘Dougal lodged for a few nights in Hare’s house, and during his stay, a fellow-lodger died, whose body was sold by Hare and Burke for dissection. At this point, his career of villany commenced. The price of the body being expended, Burke decoyed a woman into Hare’s den and murdered her, and sold her body. He and Hare repeated similar tragedies twelve or thirteen times during the course of a year, till at last they were detected.

Nothing can exceed the intense selfishness, cold-blooded cruelty, and calculating villany of these transactions; and if the organs of Selfishness and Destructiveness be not found in Burke, it would be as anomalous as if no organs were found for the better qualities which he had previously displayed.

Phrenology is the only science of mind which contains elements and principles capable of accounting for such a character as that before us; and it does so in a striking manner. We have seen a measurement and development of the head of Burke, taken by an experienced Phrenologist from the living head; also a very accurate cast of the head with the hair shaven, taken by Mr. Joseph after the execution; and we have conversed with a medical gentleman who saw the brain dissected. The head was rather above than below the middle size. The middle lobe of the brain, in which are situated the organs of Destructiveness, Secretiveness and Acqusitiveness, was very large; at Destructiveness, in particular, the skull presented a distinct swell, and the bone was remarkably thin. The cerebellum, or organ of Amativeness, was large, and Burke stated that, in some respects, his ruin was to be attributed to the abuses of this propensity, because it had led him into habits which terminated in his greatest crimes. The organs of Self-esteem and Firmness were also largely developed. It is mentioned in all the Phrenological works, that Self-Esteem and Acqusitiveness are the grand elements of Selfishness. The anterior lobe, or that in which the intellect is placed, although small in proportion to the middle lobe, was still fairly developed, especially in the lower region, which is connected with the perceptive faculties. In accordance with this fact, Burke displayed acuteness and readiness of understanding. He could read and write with facility, and his conversation was pertinent and ready. The upper part of the forehead, connected with the reflecting organs, was deficient. The organ of Ideality, which gives refinement and elevation, was exceedingly small; that of Wonder, which prompts to admiration, is also deficient; and the organ of Wit is small.

Here we find the organs, which, when abused, lead to selfishness, cruelty, cunning, and determination, all large; but we have still to account for the faculties which enabled him to act a better part in life. Accordingly, Combativeness is considerably inferior to Destructiveness in size, and Cautiousness is large. These, acting in combination with great Firmness and Secretiveness, would give him command of temper; and, accordingly, it is mentioned that he was by no means of a quarrelsome disposition, but when once roused into a passion, he became altogether ungovernable; deaf to reason and utterly reckless, he raged like a fury, and to tame him was no easy task; that is to say, when his large Destructiveness was excited to such an extent that it broke through the restraints of his other faculties, his passion was elevated into perfect madness. Farther, looking at the coronal surface of the brain--the seat of the moral sentiments--we find it narrow in the anterior portion, but tolerably well elevated; that is to say, the organ of Benevolence, although not at all equal in size to the organs of the animal propensities before mentioned, is fairly developed. Veneration and Hope are also full; while Conscientiousness is, in Phrenological language, “rather full,” or, in common speech, not remarkably deficient. Love of Approbation also is full. In these faculties, we find the elements of the morality which he manifested in the early part of his life; and also an explanation of the fact, remarked by all who saw him, that he possessed a mildness of aspect and suavity of manner, which seemed in inexplicable contradiction with his cold-blooded ferocity. If there had been no kindness at all in Burke’s nature, this expression would have been an effect without a cause.

The organ of Imitation is well developed; and it is mentioned in the Phrenological works that Secretiveness (which in him is likewise large,) in combination with Imitation, produces the power of _acting_, or simulation. It is curious to observe that Burke possessed this talent to a considerable extent. He stated that he was fond of the theatre, and occasionally represented again the acting which he had seen. _He_ also, and not Hare, was the _decoyer_, who, by pretended kindness, fawning, and flattery, or by _acting_ the _semblance_ of a friend, inveigled the victims into the den. This quality enabled him also to _act a part_ in his interviews with the various individuals who visited him in jail. He showed considerable tact in adapting himself to the person who addressed him; and from the same cause it was sometimes difficult to discover when he was serious and when only feigning. His great Self-Esteem, Firmness, Cautiousness, and Secretiveness, produced that self-command and unshaken composure which never forsook him during his trial and execution.

One of the most striking tests of the degree in which the moral sentiments are possessed by a criminal, is the impression which his crimes make upon his own conscience when the deeds have been committed. In John Bellingham, who murdered Mr. Percival, the organ of Destructiveness is very large, while that of Benevolence is exceedingly deficient; and Bellingham could never be brought to perceive the cruelty and atrocity of the murder. Burke, in whom Benevolence is better developed, stated, that “for a long time after he had murdered his first victim, he found it utterly impossible to banish for a single hour the recollection of the fatal struggle--the screams of distress and despair--the agonizing groans--and all the realities of the dreadful deed. At night, the bloody tragedy, accompanied by frightful visions of supernatural beings, tormented him in his dreams. For a long time he shuddered at the thought of being alone in the dark, and during the night he kept a light constantly burning by his bed-side.” Even to the last, he could not entirely overcome the repugnance of his moral nature to murder, but mentioned that he found it necessary to deaden his sensibilities with whisky, leaving only so great a glimmering of sense as to be conscious of what he was doing. He positively asserted that he could not have committed murder when perfectly sober.

Burke was considerably muscular, and in the cast with the hair shaven, taken after death, the measurement of destructiveness is two-eighths of an inch larger than the measurement taken during life, which must be abated in the estimate of the organ.

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We confess that we do not possess enough of science to enable us either to vindicate or refute the reasoning contained in the above developments. It is understood that a gentleman who has already distinguished himself as an opponent of Phrenology, is to appear again as an impugner of the doctrine given forth in the above description, and questionless he will be replied to by the amateurs of the science. One thing must be apparent in the above account, that while Phrenology is pompously announced as “the only science of mind which contains elements and principles capable of accounting for such a character as that before us,” the utmost that is attempted is to give a Phrenological description of the head, and to explain some traits of the character of Burke, and to endeavour to reconcile some discrepancies in the development, which seem not only inconsistent with each other, but which, taken in connection with his character and actions, would appear to any one but a Phrenologist to be positive contradictions.

It does not appear in this instance at least, that Phrenology possesses any peculiar aptitude in accounting for such a character; as the knowledge that a man may commit atrocious crimes and bear a different semblance to the world; that he may be actuated by a powerful motive at one time which gives place to another at a different season, and that again yielding to a third, is a fact that was sufficiently known before the science was promulgated, and would have been as intelligible as Phrenology has made it though we had never heard of the science, and merely telling us that such and such protuberances on the skull denote such and such faculties, does not at all account for the character. Many ignorant people also who cannot “view his character with a philosophic eye,” might inform us, that frequently a man does not get desperately wicked all at once, and that there is nothing very uncommon in a person behaving tolerably well for a length of time, and afterwards abandoning himself to the most profligate courses, neither is it unusual with an ignorant man, when once roused into a passion, to become “altogether ungovernable.” We have seen such a thing occur where “large destructiveness” was never exhibited nor suspected.

The learned Phrenologist then goes on to reconcile what has usually been accounted incompatible qualities, his “full Benevolence and large Destructiveness.” It is rather too much to assume that the existence of the affection benevolence is sufficiently proved, even for phrenological purposes, by quoting the story that Burke himself told of his horror after committing the first murder. Surely, though this tale was implicitly credited, the mere fact of a murderer’s slumbers being haunted with the image of his victim for a brief space, cannot prove the existence of benevolence; but we shrewdly surmise that the whole is a fiction of Burke’s, and that he narrated it at a time when the well developed organ of Imitation, combined with his large Secretiveness, was excited to such a degree as to produce _acting_ or simulation, and that it furnishes an illustration of “the tact he showed in adapting himself to the person who addressed him.” We happen to know that he spoke quite freely about this as well as his other murders; that he went about it in the most cool and heartless manner; that the two monsters not only enticed the poor old woman into the house, and allured her with a show of kindness, but that they actually, in this their first essay, when they were just about to perpetrate it, jested upon the subject. Hare asking Burke “to go _ben_ and see how his mother-in-law was this morning,” surely then was the time for benevolence to exhibit itself, but we presume that his “large Destructiveness was excited to such an extent, that it broke through the restraints of his other faculties,” and forced him to suffocate a helpless and infirm female, without even the miserable palliation of having previously intoxicated himself for the purpose, and on the next opportunity they could discover to perform the same bloody tragedy, without being ever troubled with compunction or remorse, until his organ of Imitation, in combination with Secretiveness, produced the power of _acting, or simulation_, in the condemned cell in the Calton-hill Jail.

We suppose that this _acting or simulation_, of which so much is made by the eminent Phrenologist, means neither more nor less than that he was an accomplished liar, and that faculty seems to have been in full operation when he averred, “that he could never entirely overcome the repugnance of his moral nature to murder, but that he found it necessary to deaden his sensibilities with whisky, leaving only so great a glimmering of sense as to be conscious of what he was doing.” “His moral nature” must have been of a very accommodating description, if it could without repugnance allow him to prowl about continually literally seeking whom he might devour, and “by pretended kindness, fawning and flattery, or by acting the semblance of a friend, to inveigle the victims into the den,” and when there, to entertain them with a show of kindness and hospitality, and then prompt him “to deaden his sensibilities with whisky” before it could permit him to complete the scene. But perhaps it was his benevolence that induced him to behave in this kind manner until the whisky should excite his destructiveness at the moment that the sacrifice was prepared.

But the truth is that there was neither “ungovernable fury” nor intoxication to excuse or account for his murders; they were all committed in cold blood, and without one palliating circumstance; and although he might have been drunk when some of them were concluded, he was generally sober during the preparatory process of kidnapping, and instigating them to drink.

He was continually drunk, because from his seldom working he had leisure for drinking, and an abundant supply of money, and with these he would have indulged in the same vice although there had been no reason for “deadening his sensibilities.”

The smallness of the organ of Wit is in direct opposition to the notoriety for humour and drollery he had acquired among his acquaintance.

While we allow that Burke was not such a reprobate all his life, as he was towards the close of it, we question whether he ever possessed much of “the elements of morality,” even in his youth. An account has been adopted which gives some colour to the opinion that his morality was purer than the actual fact would warrant us to allow. We have already stated in a former number, that he served only one gentleman before entering the militia. This is on his own authority, and we believe also, from the same source, he was never either a baker or a weaver, so far from being three years a groom after his discharge from the Donegal militia, he did not remain one year in Ireland, which the dates will abundantly testify. He first proved unfaithful to his wife, and as we have seen, afterwards deserted her and his children, on discovering that his father-in-law properly appreciated the selfishness and worthlessness of his character, and refused to trust him too far. His living in adultery with the woman M‘Dougal, does not display great attainments in morality, as in like manner, his unfaithfulness even to her, and frequent brutal usage of her, cannot exhibit his benevolence in a very favourable light. It is altogether too much to elevate this unnatural and anomalous monster into a being possessing some of the best and noblest attributes of humanity, merely that the dogmas of a favourite pursuit should be supported. We opine, that the lauders of the immaculate science must content themselves with the fame it has acquired from the developments of former murderers, or alter the whole systems of metaphysics heretofore received, should they not be able to discover a new designation for the bumps they may find on a murderer’s cranium.

PROCEEDINGS AGAINST HARE.

After the trial and conviction of Burke, some very interesting proceedings were instituted by the mother and sister of James Wilson or Daft Jamie, the object of which was to bring him to trial for his participation in the murder of their relative. These proceedings have issued in the liberation of Hare after an argument and determination in the High Court of Justiciary. This question has been regarded by some persons as really of no material importance, because whatever might have been the issue of it, means would have been adopted by the public authorities for obtaining a pardon for Hare if he had been found guilty under the contemplated prosecution. This circumstance does not, in our apprehension, lessen the importance of the question, inasmuch as the conviction and punishment of any single criminal, however atrocious, is a matter of trivial moment when compared with the great and constitutional principles of law which constitute the code of our criminal jurisprudence. Viewing these proceedings therefore in this light, there has rarely, if ever, been a question raised in our Courts of Law, involving principles of more paramount interest, as it relates, on the one hand, to the rights and powers of the Public Prosecutor, which are, in other words, the rights and powers of the public; and on the other hand, the rights and privileges of individuals aggrieved by the perpetration of crimes, which affect their property and their feelings. It became a matter of serious concernment to have it clearly and well decided by the highest legal authorities, what are the extent and limits of the Lord Advocate’s powers as Public Prosecutor, to enter into compacts with associates in crime, whereby he may afford them an immunity from punishment for participation in crimes, on condition of their affording such evidence as may be requisite for the discovery and punishment of offences, in cases, which from their very nature, can neither be traced out nor established to conviction of the delinquents, without such information and evidence; and how far such compacts may be carried, without infringing the privileges of private parties, who are by law entitled to sue in their own name, and for their own interests, for redress of their individual wrongs? This is the question which has been raised in the present instance, and which has now been solemnly decided by the Supreme Criminal Court of this country.

_Published by Thomas Ireland Jun^r. Edinburgh._]

The proceedings referred to originated in an application for Hare, to the Sheriff of Edinburgh, on the 20th of Jan. 1829. His petition was to the following effect:--

That of this date (November 10, 1828) he was apprehended on a warrant of the Sheriff-Substitute, granted on the application of the Procurator Fiscal of the county, and was committed to the jail of Edinburgh a prisoner, on a charge of murder: That the petitioner was examined before the Sheriff-Substitute of the county in relation to various acts of murder alleged, or suspected to have been committed by William Burke, then in custody, and other persons: That in the course of these examinations, the petitioner was assured by the Public Prosecutor, that if he made a full disclosure of all he knew relative to the several alleged murders which formed the subject of inquiry, no criminal proceedings would be instituted against the petitioner himself in relation thereto, whatever might be the circumstances of suspicion or apparent participation or guiltiness appearing against him: That the petitioner was examined as a witness, and without the caution and warning which it is the duty of the Judge-examinator to give to a party accused, every time he is brought up for examination; and the petitioner made a full and true disclosure of all he knew, and gave every information he possessed, in relation to all the alleged murders as to which he was examined; and this he did under the assurance of personal and individual safety: That one of the alleged murders, as to which the petitioner was so examined, was that of a person described as James Wilson, commonly known by the name of Daft Jamie; and in relation to that matter, as well as in relation to all the others, the petitioner made a full and true statement, and gave every information he possessed, whether relative to the alleged act of murder itself, or the means of obtaining or tracing any circumstances of evidence in relation thereto; and all this he did, relying on the assurance of personal and individual safety above mentioned, and the compact and transaction thence arising: That, in consequence of the statement and information thus elicited from, and procured through the petitioner, the said William Burke was indicted to stand trial before the High Court of Justiciary in the month of December last, on a libel setting forth three charges of murder, as to all of which the petitioner had been precognosced as aforesaid: That one of these three charges was the foresaid alleged murder of James Wilson, alias Daft Jamie: That the petitioner was included in the list of witnesses for the prosecution, annexed to the said libel; and he was cited to attend as a witness for the prosecution, in relation to all the charges therein contained. The libel was found relevant to infer the pains of law; and the Public Prosecutor having proceeded to lead evidence against William Burke, and another prisoner, as to one of the charges, (being the murder of Mary Docherty), the petitioner was called in, sworn, and examined as a witness for the prosecution. On that occasion the petitioner stated many things in evidence which he would not have stated, and could not have been required to state, but for the perfect assurance of personal security given him by the Public Prosecutor, not only as to the murder of Mary Docherty, but likewise from any prosecution as to the murders charged in that indictment, and which was laid down and confirmed from the Bench on the said trial. It was then stated from the chair of the Court, as the decided opinion of the whole Bench present, that the petitioner was fully protected by law against either trial or punishment for any of the charges contained in that indictment: That notwithstanding the compact with the Public Prosecutor, under which the petitioner was induced to make disclosures of great importance to the public interest, and to the administration of justice, but which were calculated to involve himself in circumstances of suspicion and hazard, in which he could not otherwise have been involved; and notwithstanding the assurance of personal safety held out to the petitioner from the bench, criminal proceedings have, within these few days, been instituted against the petitioner, at the instance of Janet Wilson alleged sister, and Janet Wilson alleged mother, of the said James Wilson, _alias_ Daft Jamie, but who, the petitioner is informed, and has reason to believe, do not truly possess these characters, and have produced no evidence thereof; and he has been examined before the Sheriff-Substitute as a party accused of that offence, and is now a _close prisoner_ in the jail of Edinburgh, committed for further examination as to that charge of murder: That, under the circumstances above detailed, the petitioner is advised that the proceedings thus instituted against him are incompetent, irregular, oppressive, and illegal; and that the warrant on which he is committed at the instance of the said Janet Wilson is illegal, and that he is entitled to immediate liberation: That the petitioner has been informed, that the said Janet Wilson, alleged mother, and Janet Wilson, alleged sister, have applied for and obtained the authority of your Lordship to lead a precognition and examine witnesses as to the petitioner’s alleged guiltiness of the said charge. And that an _ex parte_ examination of witnesses is actually going on under the authority and force of your Lordship’s power and compulsitor, in absence of the petitioner, who is shut up a _close prisoner_ as aforesaid. The petitioner has been advised that this proceeding also is incompetent, irregular, and illegal, and highly oppressive and injurious.

The petitioner prayed the Sheriff, _inter alia_, to recall the warrant on which the petitioner is committed, and to ordain him to be set at liberty; also to put a stop to the foresaid precognition or examination of witnesses, and to ordain the same, in so far as it has already proceeded, to be delivered to the clerk of Court.

Upon which the Sheriff pronounced an order for service immediately on Mr. George Monro, solicitor, Supreme Courts, agent for Janet Wilson; and appoints to-morrow, at two o’clock afternoon, for hearing counsel or agents for the petitioner, and for Janet Wilson in the Sheriff’s Office; and, in the mean time, sists farther proceedings in the precognition at the instance of the said Janet Wilson.

The case was accordingly heard by the Sheriff, when Mr. Jeffrey opposed the liberation, and Mr. M‘Neill supported the petition. After hearing counsel,

The SHERIFF said, this is a new point. I have always understood the right of the private party to be as great as that of the Public Prosecutor. I do not think the private party is prevented from investigating by any guarantee given by the Public Prosecutor; and therefore refuse the petition for Hare, reserving his right to apply to the Court of Justiciary, for which purpose I shall sist proceedings for two days. The question is new and delicate, but I see no reason for stopping proceedings.

Mr. MILLER then stated that the respondent’s agent had got authority from the Lord Provost to examine Burke, but just as he was about to enter the prison, a note was put into his hand by the Governor from the Magistrates, stating that until the judgment of the Sheriff was known, access could not be given. The urgency of the case, and the inapplicability of the objections to his examination were represented, and the Sheriff thought proper to provide for Burke’s examination by a note to his interlocutor, which was as follows:

“_Edinburgh, 21st January 1829._--The Sheriff having resumed the consideration of the petition for William Hare, and having heard counsel for William Hare and the respondents, Janet Wilson, senior and junior: In respect that there is no decision finding that the right of the private party to prosecute, is barred by any guarantee or promise of indemnity given by the Public Prosecutor, Refuses the desire of the petition, but in respect of the novelty of the case supersedes further proceedings _in the precognition before the Sheriff_, at the instance of the respondents, till Friday night at seven o’clock, in order that William Hare may have an opportunity of applying to the Court of Justiciary.”

“_Note._--The application which has been made to the Lord Provost for liberty to see Burke, by the private prosecutors, is not before us, but remains to be disposed of by the Lord Provost.”

This judgment of the Sheriff was brought under review of the Court of Justiciary by a bill of advocation, and of suspension and liberation for Hare, which came on for discussion before the Court on the 26th of the same month, when

The LORD JUSTICE CLERK said,--After having heard the counsel, I have now to state, that the Court have resolved, before giving their opinions, in the first place to make an order on the Lord Advocate to make any answer to this bill that he may see necessary. The Court desire to decide this question in the gravest manner, after seeing informations; and the counsel will make arrangements for giving them in as speedily as possible.

Informations were then ordered to be lodged on Saturday following.

In obedience to this order of Court, answers for the Lord Advocate, and Informations for Hare and the relatives of Wilson were accordingly lodged; and their Lordships, on the 2d February, proceeded to pronounce judgment on the very nice and important points of law embraced in the discussion.

The Lord Advocate’s Answer is as follows:

The Respondent has not failed to observe the guarded terms in which this order is conceived, calling upon him only to give such information as he shall deem proper, and thus relieving him from the necessity of questioning the power, even of this Court, to require, in this shape, a disclosure of the grounds on which the Public Prosecutor has been guided in the exercise of his official discretion. Influenced, however, by those feelings of respect which the respondent has ever endeavoured to evince towards this High Court, he readily submits the following statement, in deference to their wishes, on so extraordinary a case.

The murder of Mary Docherty took place on the night of Friday the 31st October last; and on the evening of the following day, William Burke, Helen M‘Dougal, William Hare, and Margaret Laird, his wife, were taken into custody. On Monday the 3d of November, Burke and M‘Dougal were examined before the Sheriff. These persons, as your Lordships have had occasion to know, denied all accession to the crime.

On the 4th of November, William Hare and Margaret Laird were examined by the Sheriff. In the declarations then emitted by them, they both positively denied all accession to the murder, and stated that Docherty had not received any violence from any person in their presence.

Hare and his wife were again examined by the Sheriff on the 10th of November.

They were a _third_ time examined on the 19th of November.

At these examinations they firmly persevered in their former denial.

The precognition having been completed, was laid before the respondent, in order to be finally disposed of. A month had now elapsed since the date of the murder; during which period the four prisoners had been kept separately from each other, but no disclosure had been made by any of them, either as to the alleged murder, or as to the participation of any of the persons accused, in offering violence to the deceased. After repeated and most anxious consideration of this extraordinary case, it appeared to the respondent that the evidence, including the examination of medical gentlemen, was defective, both as to the fact of Docherty having been murdered, and as to who was the perpetrator of the deed. Conceiving it of the greatest importance, for the satisfaction and security of the public, that a conviction should be _ensured_, the respondent did not feel justified in hazarding a trial, on evidence which appeared to him to be thus defective. He well knew, from long experience, how scrupulous a Scottish Jury uniformly is, in finding a verdict of guilty where a capital punishment is to follow; and he deemed it hopeless to look for a conviction, where the fact of a murder having been committed was not put beyond the possibility of question.