Chapter IV: Part 4

The LORD JUSTICE CLERK agreed with Lord Mackenzie, although he thought with Lord Meadowbank that it was the “most extraordinary question he ever heard;” but the case being an extraordinary one, allowance must be made.

The LORD ADVOCATE wished to know in what situation he was placed. Was he allowed to ask him, if he confessed--“Of what murders were you guilty?”

Mr. COCKBURN.--We put that question, and the Lord Advocate is entitled to put what other he chooses. I cannot state the thing more generally. We intend to object to no question the Lord Advocate may choose to ask.

* * * * *

_Hare recalled._

Q. You mentioned when you was last here, that you assisted in taking the bodies to Surgeons’ Square?

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

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

Mr. COCKBURN.--I am going to put some questions to you, and you need not answer them if you don’t choose.

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

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

A. I won’t answer that.

Q. Was there a murder committed in your house on the 8th October last? A. I won’t answer that.

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

A. I heard it often before.

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

Q. How did you know it?

A. He told me he would murder her.

Q. Had you any notion that mischief would happen that night you were dancing? A. I could not say.

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

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

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

A. Yes.

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

A. I denied it.

Q. How soon was it after her death you saw her at the Police Office? A. I saw a body there on Saturday or Sunday.

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

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

A. No.

Q. Did you ever receive any from his assistants?

A. Burke did, and he gave it me.

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

Q. Who received the money? A. Burke.

Q. Are you positive that it was five pounds that was to be received on Monday? A. Yes.

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

Q. Burke paid you? A. Yes, he threw two pounds to me, and seven shillings in silver. Paterson put two pounds in one parcel, and two in another, and halved the silver and Burke shoved it over to me.

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

Q. You told us that the old woman went out into the passage and cried, Police and Murder? A. Yes.

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

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

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

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

Q. You say that Broggan was in bed in the morning,--did you see him come in? A. No.

Q. Did you sit in that chair and see Burke for ten minutes killing the woman, and offer her no assistance? A. Yes.

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

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

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

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

MRS. HAIRE or HARE _Examined_.

_This witness was sworn and solemnly admonished by_ LORD
MEADOWBANK _to speak the truth, after which she was examined by
the_ LORD ADVOCATE.

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

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

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

A. Yes.

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

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

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

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

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

Q. Had you spirits there? A. Yes.

Q. Do you recollect seeing an old woman there? A. Not that I recollect. I stopped there until my husband rose, and then we went into Burke’s house with M‘Dougal.

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

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

Q. Was there a fight there between Burke and your husband? A. Yes.

Q. Did you go between them? A. Yes.

Q. Did the old woman cry murder? A. Yes.

Q. Did she get a push? A. Yes.

Q. You saw Burke on the top of the old woman? A. Yes.

Q. Did you see him long there? A. No; for M‘Dougal and I ran out of the room into the passage, and stopped there upwards of a quarter of an hour.

Q. When you returned, did you see the old woman?

A. No.

Q. Did you ask after her? A. No. I had my suspicion.

Q. What, that she was murdered? A. Yes.

Q. Did you two lie down in the bed? A. Not immediately.

Q. Where were you when Burke was lying on the old woman? A. I thought, before, I was in the bed, but I think now I was between the door and the bed.

Q. How many minutes was he on her? A. Not many.

Q. Where was M‘Dougal? A. I don’t exactly know.

Q. Which went first out at the door? A. It was I.

Q. Were you both alarmed? A. Yes, Sir.

Q. You say you suspected what was doing? A. Yes, Sir.

Q. Had you any previous reason of suspicion of the act about to be committed on the old woman?

A. I had seen a little trick of it done before. I suspected when I saw him lying on her, and Nelly M‘Dougal told me something.

Q. Just tell us what she said?

A. She came to our house, and said there was a shot in the house; and I asked her what she was, and she said, Burke fetched her in out of a shop.

Q. How did you know it was a woman? A. She told me.

Q. Did she say they intended to make away with the woman?

A. No. But I understood from the word _shot_ they were to do it.

Q. Why did you understand that?

A. Because I heard that word made use of before to express the determination of murdering others.

Q. Were they pressing drink on the woman? A. Yes.

Q. Was she much the worse of it? A. Rather.

Q. You remained there all night? A. Yes, until 5 o’clock. I was lying in bed when Mr. Paterson came in, but I did not hear what he said.

Q. Did you know where the body was put? A. Yes, at the head of the bed.

Q. Did Burke ask you to go out and get a box? A. Yes. He said he had purchased one for to put old shoes in. I went for the box and a porter came and carried it. I afterwards followed with M‘Dougal, our husbands, towards Newington, for fear they should quarrel or get drunk.

Q. What answer did you make to her about this shot? A. I said nothing.

Q. Had you and M‘Dougal any talk about it on your way to Newington? A. No.

Q. Did she feel sorry for it? A. No.

Q. What were you speaking of while you were in the passage? A. Perhaps I said it might be the same thing with her and I.

Q. Do you mean that you might be murdered? A. Yes.

Q. Why did you not go into the woman Connaway’s? A. Because I left my home three times before; and it is not natural for a woman to go and inform on her husband.

Q. You mention the old woman went out at the door? A. No, Sir, she never went out of the inside door.

Q. Was it after she came back from the door she fell down? A. I believe she got a push.

Q. Was it very soon after that that Burke lay down on her? A. Yes.

Q. What was he doing when you run out? A. Burke was lying on her chest.

Q. Why did you go out? A. I did not like to see her murdered.

Q. Was your fear created in consequence of M‘Dougal having told you she was a shot? A. No. I had no thoughts of it at the time.

By the COURT.--On the oath you have now taken, did you suppose she was to be murdered that night? A. No, I did not.

_Mrs. Hare Cross-examined by the_ DEAN OF FACULTY.

Q. Was it instantly after the old woman was pushed down that he got on the top of her? A. Yes.

Q. There’s a door at the outer side of the passage? A. Yes.

Q. How is it fastened? A. I don’t know.

Q. When you were in the passage did any one knock at that door? A. Not that I heard.

Q. When you were in the passage did you hear the old woman cry? A. No, Sir.

Q. When you returned in, you went to bed? A. Yes, Sir.

Q. There was a young man of the name of Broggan came in? A. Yes, and we had a dram.

Q. Who? A. All of us.

Q. Then you got up to have it? A. Yes.

Q. Did you go to bed again? A. No.

Q. Was M‘Dougal in bed? A. No; Broggan, M‘Dougal, and I lay down upon the floor.

Q. Was there any more fighting? A. Yes; Burke took the stick and struck Hare, and M‘Dougal interfered and said she would not have Hare treated in that manner.

By the COURT.--You had a bed in your own house, why did you not go home to it, and take your husband along with you? A. I did all I could, but he would not come.

Dr. BLACK, _Examined_.

Q. You saw a woman’s body at the Police Office? A. Yes.

Q. Did you examine it? A. Yes.

Q. Were there any marks on the body? A. None.

Q. Were there any on the face? A. Yes, there was blood.

Q. What appearance had the face? A. It was much swollen.

Q. Any thing remarkable about the eyes? A. They were swollen and the face black.

Q. Did you think that she came by her death by violence? A. My private opinion was that she had, but I could not give a decided medical opinion on the subject.

Q. What was your opinion the moment you saw her? A. I formed the conclusion that she came by her death with violence.

By the DEAN OF FACULTY.--Q. Have you any medical diploma? A. No; but I am a regularly bred surgeon, and have been surgeon to the police for twenty years.

Q. Did you go with the police to the house of Burke?

A. Yes.

Q. What did you see there? A. The thing I took particular notice of was, from fourteen to sixteen ounces of blood mixed with saliva, and having been told the woman had lain in that place, I was able to judge it came from the mouth and nose.

Q. Do you mean now to state you have formed a medical opinion in regard to the body? A. I am really afraid to hazard an opinion.

By the COURT.--Q. Were the appearances you have seen on people brought into the police-office who have been suffocated from drink like this case? A. Yes.

Q. If you had seen this body lying in the place where you saw the saliva and blood, would you have hesitated in your opinion? A. I have seen several corpses that died by suffocation, and taking the entire circumstances into view, I think the appearances identical.

By the DEAN OF FACULTY.--Q. Have you had any case of simple suffocation lately? A. No.

Q. Were the symptoms here the same, or nearly the same, as in cases of suffocation from drink? A. The eyes were nearly started from the sockets.

By the LORD ADVOCATE.--Q. Have you seen such saliva and blood in cases of drink, unless some injury was done?

A. No.

DR. CHRISTISON, _Examined_.

Q. Did you see the body of an elderly female at the police-office at the commencement of November? A. Yes. I saw and minutely examined a body there on the 2d and 3d of November.

Q. Did you perceive any marks of violence on it? A. Yes.

Q. Describe what you saw to the Court and Jury?

A. I saw several contusions on the legs and the elbows, one on the loin, one on the right shoulder blade, a very small one on the inside of the upper lip, and two upon the head; one on the back part of the left side of the head, and another upon the fore part of the right side. I also found pale lividity of the features generally, and dark lividity of the lips; great redness (from vascularity) of the whites of the eyes; an almost total want of lividity on almost every other part of the body except the face; and roughing of the scarf-skin or cuticle under the chin and over the upper part of the throat. Internally, I found a general fluidity of the blood, and an accumulation of it in the right cavities of the heart. In the middle of the neck, I found the ligaments connecting posterior parts of the vertebræ torn, and blood effused among the spinal muscles, near the laceration, and into the cavities of the spinal muscles. I found no sign of natural disease, except a very slight incipient disorder of the liver. All the other organs of the head, the chest, and the belly, were unusually sound. I forgot to mention a small patch of blood on the left cheek, and also a very slight contusion over the left eye.

Q. Did you consider that those contusions could be produced after death?

A. No; but the injury of the spine and other appearances described might have been caused as well after death as before it. An injury properly applied eighteen hours after death, would, I think, cause the same appearances. Cramming into a box or chest like that shown might have caused these appearances. Strangulation or smothering, or throttling, is consistent with what has been described, but particularly throttling or applying the hand under the throat, and throwing the head backward, would prevent the access of air. I found unequivocal proof of violence, in the contusions dispersed throughout the body, and in no signs of disease being visible. I beg to add, from the woman being seen so recently alive and well, from the blood under the bed, as well as the appearances already mentioned, death by violence is extremely probable. If the woman had met her death by the prisoners at the bar, the appearances were such as would correspond with these circumstances. The appearances in some cases of suffocation would be similar to those in the present instance. The appearance of blood from the mouth or nose after death may be produced by any species of suffocation. Directly or indirectly, death by intoxication must physiologically be occasioned by suffocation.

By Mr. COCKBURN.--Q. Did the appearances found on the body justify only a suspicion? A. Coupled with the circumstances mentioned they amount to a probability.

By the COURT.--Q. Did you open the stomach?

A. Yes, my Lord.

Q. Describe the contents. A. I found half-digested porridge, but no smell of whisky or of any narcotic. The smell is not a necessary circumstance even in cases of intoxication where a person was said to have died of continuous intoxication. At least I know of a reported case where a person was said to have died from constant intoxication, without any smell having been found in the stomach, though it was found in the brain and other parts of the body, but I also know a similar case where the stomach, on being opened, gave out the effluvia of whisky.

This closed the case for the prosecution.

The declarations of the pannels were then read.

DECLARATION OF BURKE.

_At Edinburgh the 3d November 1828._

In presence of GEORGE TAIT, Esq. Sheriff-Substitute of
Edinburghshire,

Compeared William Burke, at present in custody, who being examined, declares that he is 36 years of age, and he was born in Ireland, and he came to Scotland about 10 years ago: That he is a shoemaker, and he has lived for rather more than a year in the West Port, and about two months ago he went to the house in the West Port in which he at present lives; but he does not know the name of the entry; and the prisoner, Helen M‘Dougal, has lived with him for about ten years; but she is not married to him. Declares, that he at first lodged in his present house with a man named John Brogan, but Brogan went away about ten days ago, and the declarant now lodges in the house by himself. Declares, that James Gray and his wife and child came to lodge with the declarant about a week ago. Declares, that on the night of Thursday last, the 30th of October, no person was in the declarant’s house, except Helen M‘Dougal, Gray, and his wife. Declares, that on the morning of Friday last he rose about 7 o’clock and immediately began to his work, by mending a pair of shoes: That M‘Dougal rose about 9 o’clock. Declares, that Gray rose about 6 o’clock and went out: That Gray’s wife rose soon afterwards and lighted the fire, and the declarant then rose as before mentioned. Declares, that he went out about 9 o’clock to get some tobacco, and he returned in a few minutes, and they all four breakfasted together about 10 o’clock, and the women were occupied through the day in washing and dressing, and sorting about the house; and Gray was going out and in, and the declarant was working; and declares that on Friday evening he told Gray that he and his wife must go to the other lodging, because he could not afford to support them any longer, as they did not pay for the provisions which they used, and they went away; and the declarant accompanied them to Hare’s house, to which he recommended them. Declares, that he thinks Gray and his wife went away about 5 o’clock. Declares, that about an hour afterwards, when he was standing at the mouth of the entry, a man came forward to him dressed in a great coat, the cape of which was much up about his face: That he never saw that man before, and does not know his name: That the man asked if the declarant knew where he could get a pair of shoes mended, and the declarant, being a shoemaker, took him home with him, and got off the man’s shoes and gave him an old pair in the meantime: That while the declarant was mending the shoes the man walked about the room, and made some remarks about the house being a quiet place, and said that he had a box which he wished to leave there for a short time, and the declarant consented: That the man went out, and in a few minutes returned with a box, which he laid down upon the floor near the bed, which was behind the declarant, who was sitting near the window, with his face to it: That the declarant heard the man unroping the box, and then making a sound as if he were covering something with straw, and the declarant looked round, and saw him pushing the box towards the bottom of the bed, where there was some straw on the floor, but he did not observe any thing else than the box: That the man then got on his shoes, paid the declarant a sixpence, and went away: That the declarant immediately rose to see what was in the box, and he looked under the bed and saw a dead body among the straw, but he could not observe whether it was a man or a woman: That soon afterwards the man came back, and declarant said it was wrong for him to have brought that there, and told him to put it back into the box, and take it away: That the man said that he would come back in a little and do it, and then went away, but he did not return till Saturday evening about 6 o’clock, and when he did not return on Friday night, the declarant took the box into the entry, but allowed the body to remain under the bed. Declares, that on Saturday morning, about ten o’clock, he went out to the shop of a Mr. Rymer, in the West Port, and when he was there, a woman came to the door begging, whom he had never seen before: That the people in the shop refused to give her any thing, and the declarant, discovering from her dialect that she came from Ireland, asked her from what part of it she came, she said it was from Inesomen, which is a small town in the north of Ireland, and he then asked her name, and she said that it was Mary Dougherty, and the declarant remarked, that his mother’s name was Dougherty, and that she came from the same part of Ireland, and that, therefore, they might perhaps be distant relations; and as she said that she had not broken her fast for twenty-four hours, if she would come home with him, he would give her breakfast, at which time the only persons in the house were Helen M‘Dougal, Gray and his wife: That she sat by the fire till about three o’clock in the afternoon smoking a pipe, the declarant going out and getting a dram, because it was Halloween, and they all five partook of the dram sitting by the fireside. Declares, that at three o’clock Mary Dougherty said, that she would go to the New Town to beg some provisions for herself, and she went away accordingly. Declares, that he thinks Helen M‘Dougal was in the house when Mary Dougherty went away, but he does not remember whether Gray or his wife were in the house, and does not remember of any other person being in the house. Declares, that a few minutes before Mary Dougherty went away, William Hare’s wife came into the house, but went away into the house of a neighbour, John Connoway, immediately before Dougherty, went away, and he thinks that Hare’s wife, or Connoway’s wife, may have seen Dougherty go away, and Mary Dougherty never returned. Declares, that Helen M‘Dougal and Gray’s wife then washed the floor, and cleaned out the house: That there was no particular reason for doing so farther than to have it clean upon the Saturday night, according to their practice; and the declarant continued at his work: That soon afterwards Gray and his wife went away, and Helen M‘Dougal went to Connoway’s house, leaving the Declarant by himself, and the Declarant had not mentioned to any person about the dead body, and no suspicion that it had been discovered. Declares, that about 6 o’clock in the evening, while he was still alone, the man who had brought the body came, accompanied by a Porter whom the declarant knows by sight, and whose stance is at some where about the head of the Cowgate, or the foot of the Candlemaker-Row, and whose Christian name he thinks is John: That the man said he had come to take away the body, and the declarant told him the box was in the entry, and the Porter took it in, and the man and the Porter took the body, and put it into the box and roped it, and the porter carried it away. Declares, that when the man came with the porter he said he would give the declarant two guineas for the trouble he had in keeping the body, and proposed to take the body to Surgeons’ Square to dispose of it to any person who would take it; and the declarant mentioned David Paterson as a person who had some connexion with the surgeons, and went to Paterson and took him to Surgeons’ Square, where he found the man and the porter waiting with the box containing the body: That the body was delivered, and Paterson paid a certain number of pounds to the man, and £2, 10s. to the declarant: That he then went straight home, and was informed by some of the neighbours that a report had been raised of a dead body having been found in the house, and in particular by Connoway’s wife, who told him that a policeman had been searching his house, and he then went out in search of a policeman, and he met Finlay and other policemen in the passage, and he told them who he was, and they went with him to the house and found nothing there, and they took him to the police office. Declares, that he yesterday saw in the police office the dead body of a woman, and he thinks it is the dead body which was below the bed, but it has no likeness to Mary Dougherty, who is not nearly so tall: And being interrogated whether the man who brought the body and afterwards came with the porter is William Hare, declares that he is. And being interrogated, declares that he does not know of any person who saw that Hare had any concern in bringing the body or in taking it away; and being interrogated, declares that the porter’s name is John M‘Culloch, and declares that the box in which the body was contained was a tea-chest; and being specially interrogated, declares that the woman above referred to, of the name of Mary Dougherty, was not in his house on Friday, and he never to his knowledge saw her till Saturday morning at 10 o’clock: That she promised him to return on the same evening, but she did not, and he does not know what may have become of her. And being interrogated, declares that he sprinkled some whisky about the house on Saturday, to prevent any smell from the dead body. Declares, that Hare did not tell him, nor did he ask where he got the body. Declares, that he did not observe whether there was any blood upon the body. And being specially interrogated, declares, that he had no concern in doing harm to the woman before referred to, of the name of Mary Dougherty, or to the woman whose body was brought to the house, and he does not know of any other person being concerned in doing so. Declares, that Dougherty was dressed in a dark gown; and being shown a coarse linen sheet, a pillow case, a dark printed cotton gown, and a red striped bed-gown, to which a label is affixed, and signed by the declarant and Sheriff, as relative hereto, declares, that the sheet and pillow-slip are his, and he knows nothing about the dark gown and bed-gown: That the blood upon the pillow-slip was occasioned by his having struck Helen M‘Dougal upon the nose, as is known to Gray and his wife; and the blood upon the sheet is occasioned by the state in which Helen M‘Dougal was at the time, and is known to Gray’s wife. All which is truth.

ARCHD. SCOTT. WM. BURKE.
A. M‘LUCAS. (Signed) G. TAIT.
A. MACLEAN.

_At Edinburgh, the 10th day of November 1828._

In presence of GEORGE TAIT, Esquire, Sheriff-Substitute
of Edinburghshire.

Compeared William Burke, present prisoner in the Tolbooth of Edinburgh, who being examined, and the declaration emitted by him before the said Sheriff-Substitute of Edinburghshire, on the 3d day of November current, being read over to him, he declares that it is incorrect in several particulars--declares that it was upon the Friday morning, and not upon the Saturday morning, that the woman, named Mary Dougherty, came to the house, and that all that is said with reference to that woman, up to her going out at 3 o’clock, happened upon the Friday, and not upon the Saturday; and declares that the floor being wet in consequence of Helen M‘Dougal and Gray’s wife washing in the house, those two women washed the floor then, rather than defer it till next day, and the floor was usually washed twice a week, and it was usually washed on the Saturday, as one of the days: That those two women continued doing things about the house, and the declarant continued working till it was duskish: That the declarant then stopped work, and went out and brought in a dram, because it was Halloween, and he and the two women sat by the fire and drank the dram, and while they were doing so, William Hare came in, and the declarant went for more drink, and they all four sat drinking till they got pretty hearty. Declares, that when he was out for drink the second time, he found when he came back, that Mary Dougherty had returned, and was sitting by the fire, and she drunk along with them: That when it was pretty late in the night, but he cannot mention the hour, he and William Hare differed, and rose to fight, and the three women were still in the house drinking, and Mary Dougherty had become much intoxicated. Declares, that while he and Hare were struggling together, Helen M‘Dougal and Hare’s wife did what they could to separate them; but declares that there was no noise, and, in particular, there were no cries of murder. Declares, that after they were separated, they sat down at the fire together to have another dram, and they then missed Mary Dougherty, and asked the other two women, what had become of her, and they answered that they did not know, and the declarant and Hare searched for her through the house, and they both went straight to the straw of the shake-down bed upon the floor at the bottom of the standing bed, to see whether she had crept in there, and they found her amongst the straw, lying against the wall, partly on her back and partly on her side: That her face was turned up, and there was something of the nature of vomiting coming from her mouth, but it was not bloody: That her body was warm, but she appeared to be insensible, and was not breathing: That, after waiting for a few minutes, they were all satisfied that she was dead, and the declarant and Hare proposed to strip the body, and lay it among the straw, but they did not, at that time, say what further they proposed to do, and Helen M‘Dougal and Hare’s wife immediately left the house, without saying any thing, and the declarant supposed it was because they did not wish to see the dead body: That the declarant and Hare waited till the neighbours should be quiet, there being a considerable stir among the neighbours on account of its being Halloween, and in particular, in the house of Connoway, who lives in the same passage, in case any of the neighbours should come in upon them, and they stripped the body, and laid it among the straw, and it was then proposed by both of them, but he cannot say by which of them first, to sell the body to the Surgeons, and they both arranged that they would sell the body to David Paterson, whom they knew to be a porter to Dr Knox, in Surgeons’ Square, and who, they knew, received subjects, and that they would put the body into a chest, and get it conveyed to Surgeons’ Square, the following morning, and they then sat down by the fire again, and Helen M‘Dougal and Hare’s wife then returned, but nothing was said by any person about the dead body: That Hare and his wife then went home, at which time it would be near 12 o’clock on the Friday night, and the declarant and M‘Dougal went to bed and fell asleep, and rose next morning soon after 6 o’clock: Declares, that Gray and his wife came in about 8 o’clock in the morning and lighted the fire, and prepared breakfast, and they all got breakfast together, and the declarant then went out, and brought in a dram, and sprinkled it under the bed, and upon the walls, to prevent any smell: Declares, that he went out about 12 o’clock noon, and was out for about two hours walking about, and when he returned, he found Gray, and his wife, and Helen M‘Dougal still in the house, and after that he was occasionally out. Declares, that when it became dark he went to call for Paterson, but found that he was out, at which time it was past five o’clock: That he then got John M‘Culloch, a porter, and took him to the passage of the declarant’s house, and then left him there, and went into the house, and found William Hare there, but no other person, and he also saw an empty chest upon the floor, and they both immediately put the body of the woman into the tea-chest, and they roped it up with a line which hung across the house for drying clothes; and they called on M‘Culloch and put the tea-chest upon his back and told him to follow Hare, but they did not tell him what was in the tea-chest, nor did he ask them; and the declarant then went straight to Paterson’s house and found him at home, and told him that he had sent forward a subject to Surgeons’ Square, and he has no recollection of having seen Paterson on the Friday or the Saturday before that time. Declares, that Paterson and the declarant then went to Surgeons’ Square together, and they found Hare and M‘Culloch waiting there with the tea-chest, and Paterson opened the door of a cellar and the tea-chest was put into it: That Paterson then went and got £5, and gave it to the declarant and Hare, and they paid the porter and then went to their respective homes, and the declarant on his way home met Helen M‘Dougal, and when they got home they heard from Connoway’s wife the report of policemen having searched the house for a dead body, and he then met with Finlay the criminal officer, and he was apprehended and taken to the police office as formerly mentioned; and being interrogated, declares, that he cannot say whether the dead body he saw in the police office on Sunday the 2d current be the body referred to; and being interrogated, declares, that he had no concern in killing the woman, or in doing any harm to her, and he has no knowledge or suspicion of Hare or any other person having done so; and it is his opinion, that the woman was suffocated, by laying herself down among the straw in a state of intoxication; and being interrogated, declares, that no violence was done to the woman when she was in life, but a good deal of force was necessary to get the body into the chest, as it was stiff; and, in particular, they had to bend the head forward, and to one side, which may have hurt the neck a little, but he thinks that no force was used, such as could have hurt any part of the neck at all; and being specially interrogated, declares, that no other person had any concern in the matter; and, in particular, declares, that a young man, named John Brogan, had no concern in it, and that Brogan came into the house on Saturday forenoon, as he thinks, while the body was in the house, but he did not know of its being there. And all this is truth.

ARCHD. SCOTT. (Signed) WM. BURKE.
A. M‘LUCAS. G. TAIT.
A. M‘LEAN.

_At Edinburgh, the 19th day of November 1828._

In presence of GEORGE TAIT, Esq. Sheriff-Substitute of
Edinburghshire,

Compeared William Burke, present prisoner in the tolbooth of Edinburgh, who being examined, declares, that he is thirty-six years of age, and he was born in Ireland, and he came to Scotland about ten years ago, and he is a shoemaker, and he has lived for rather more than a year in the West Port; and the prisoner M‘Dougal resides with him; declares, that he never saw a lad known by the name of Daft Jamie; and he does not know of such a person having lived with Hare’s wife, before her marriage with the prisoner William Hare, and he had no concern in injuring such a person; and he does not know of M‘Dougal, Hare or his wife, having done so. Interrogated, declares, that he has a brass snuff box which he purchased about four years ago from a shearer lad at Mr. Howden’s farm, about two miles from Tranent for sixpence, and he left it in the Lock-up-house last Monday, when he was committed to jail; and declares, that he had a snuff-spoon which was taken from him when apprehended, and he purchased it for twopence in September last from a hawker at the West Port, whose name and residence he does not know, and being shown a brass snuff-box, and a snuff-spoon, to which a label is attached, signed by the declarant and Sheriff, as relative hereto, declares, that they are the snuff-box and snuff-spoon he refers to; declares, that he gave the box to a tinsmith in the West Port, named James, whose surname he does not know, but whose shop is next door to Brown’s circulating library, to put a new lid upon it, and he thinks he gave it to the tinsmith in September last, and the tinsmith kept it in his possession some weeks; and all this is truth, &c.

_At Edinburgh, the 3d day of November 1828._

In presence of GEORGE TAIT, Esq. Sheriff-Substitute of
Edinburghshire,

Compeared Helen M‘Dougal, at present in custody, who being examined, declares, that she is 33 years of age, and she was born in Stirlingshire: That she never was _married_, although she has lived with the prisoner, William Burke, for 10 years: That about a year ago they came to reside in Tanner’s Close, West Port; and about three months ago they went to another house in the West Port, but she does not know the name of the close: That a person, named John Brogie, occupied the house in which they at present reside; but Brogie left the house on Friday 8 days, and the declarant and Burke, who were living with Brogie previously to his leaving the house, took possession of it by themselves. Declares, that James Gray and his wife came to live with Burke on Sunday the 26th of October. Declares, that the only persons who were in the house on the night of Thursday last, the 30th of October, were Gray and his wife, and Burke and the declarant: That Burke and the declarant arose from bed on Friday morning about 10 o’clock, and Ann Gray made breakfast for them; and when she was making breakfast for them Burke went out, and said that he was going to the shop, by which she understood him to mean that he was going to get a dram, and he came in when breakfast was ready; and in about five minutes afterwards, when they were taking breakfast, a woman came in whom the declarant had never seen before, and who afterwards said that her Christian name was Mary: That Mary appeared to be the worse of liquor: That she asked leave to light her pipe at the fire; and she then asked a little bit of soap to wash her cap, and a short-gown, and her apron, and the declarant gave her a bit of soap, and she washed her clothes, and Gray’s wife dried them and ironed them; and while that was doing, she talked about having come from Ireland in quest of her son, and soon after she came into the house she said she had got no meat for three days, and the declarant gave her a share of their breakfast: That Burke and Mary entered into conversation; and Burke, upon hearing that she came from Ireland, said that he came from Ireland too, and he did not know but she might be a relation of his mother’s. Declares, that about 1 o’clock in the afternoon Burke brought in some whisky and gave them a glass once round, it being the custom of Irish people to observe Halloween in that manner: That Mary became very impatient to go away in order to go to St. Mary’s Wynd to inquire for her son, and she went away about 2 o’clock. Declares, that Burke had gone out about half an hour before that and returned about 3 o’clock; and when he came in, he mentioned that Nancy Connoway, a neighbour, had said to him that she wondered how he could keep Gray and his wife in the house because the noise of their quarrelling was so unpleasant to the neighbours; and therefore he told them to go away, and never to come back again, because he had not up-putting for them, and Gray and his wife accordingly went away immediately. Declares, that Hare’s wife happened to be in the house at the time, and said that she would give them a night’s lodging, as she had a spare bed, and the declarant supposed that they went to Hare’s, and it would be about six o’clock when they went away: That Burke went to Hare’s house about seven o’clock, and the declarant went about half an hour afterwards: That when she went to Hare’s, Burke was not there, but she went to an adjoining shop and brought him there, and they had some supper and drink there: That the declarant then went home, and Burke followed soon afterwards bringing some whisky with him which he had got in a shop, and soon afterwards Hare and his wife came in, and they four had some spirits together; and Nancy Connoway, before mentioned, came in and had a share of the spirits: That the declarant then went to Connoway’s house and had a dram, and then returned to her own house, and found Hare and his wife still there: That they almost immediately went away, but very soon returned, and Hare was very much intoxicated, and Hare lay down in the bed and slept along with Burke all night, and the declarant and Hare’s wife slept on the floor: That about six o’clock in the morning Hare and his wife went away: That about seven o’clock, Gray and his wife came in to get some clothes which they left, and the declarant and Burke lay down in bed, and about eight o’clock Burke rose and told Gray’s wife, who still remained in the house along with her husband, to sort the house and get the kettle boiled, and he himself went to a neighbouring shop for tea and sugar and bread and butter: That when Burke came, Gray’s wife made the tea, and Gray and his wife and Burke took breakfast together, and a young man named John Broghan came in and got a share of it: That the declarant did not take any of it: That after breakfast, Gray’s wife washed the floor and cleaned the house, the declarant being in bed unwell, in consequence of drink which she had had, and Broghan was in the house most of the day: That Gray remained in the house all day: That Burke was sometimes out and sometimes in, and he lay down for a short time. Declares, that about five o’clock that afternoon the declarant sent Mrs. Gray to Mrs. Law’s with some clothes to get mangled; and Gray and his wife left the declarant’s house about seven o’clock to go to their lodgings, and shortly after they so left the house, Mrs. Law came and asked the declarant if she gave Mrs. Gray orders to get her gown: That the declarant said she had not, and Mrs. Law then said, she was off with it, and in a little after a girl came in and told the declarant that a man was on the street with the declarant’s gown, and she went out and found Gray standing at the head of Tanner’s Close with the gown under his arm: That she got her gown from Gray, and the declarant and Gray and his wife and Mrs. Hare had a dram together, and the declarant left the gown in Mrs. Law’s to get mangled: That the declarant then went home and kindled the fire, and she went out for her husband as it was late, and after she found him they went into Connoway’s house, where they remained for a few minutes, and Connoway told them that Mrs. Gray had been raising a disturbance, and the declarant and her husband were going out of Connoway’s house, when they were apprehended by two policemen, who said that they had taken a corpse out of the house; and, being interrogated, declares, that she did not see Mary after two o’clock on the Friday, and, in particular, she did not see her in the house on the Friday night. Declares, that she yesterday saw the dead body of a woman in the Police Office, but declares that it is not the body of the woman named Mary, because Mary had dark hair, and the body of the woman in the Police Office had grey hair; and being interrogated, declares, that she had no knowledge or suspicion of there being any dead body in the house; and, in particular, of its being under the bed, till after she was apprehended. Declares, that there is only one bed in the house; and declares, that so far as she knows, nothing was under the bed except a few potatoes and a little straw, which had fallen from the bed. Being interrogated, declares, that she had no conversation with Gray regarding a dead body; and in particular, never promised him any money not to say any thing about a dead body; and being shown a coarse linen sheet, a coarse pillow-case, a dark printed cotton gown, and a red striped cotton bed-gown, to which a label is attached, signed by the sheriff as relative hereto, declares, that the sheet belongs to a William M‘Kinn, from whom the declarant got a loan of it. That the pillow-case was used for containing dirty clothes, and lay at the head of the bed as a pillow, but she never saw the dark gown before to her knowledge. Declares, that the bed-gown is like the one which Mary wore on the Friday, but she cannot say that it is the same, as it is torn. Declares, that Burke had no money on the Friday, and he had to borrow money for their breakfast on the Saturday morning. That the declarant got 3s. from him on Saturday night, but she does not know where he got that money; and, being specially interrogated, declares, that she had no concern in killing the woman Mary, or in hurting her, and does not know of Burke, or Hare, or any other person being concerned in doing so, or in concealing the dead body about the house, or in afterwards disposing of it. And, being interrogated in regard to some marks of blood on the sheet and pillow-slip, declares, that the marks upon the pillow-slip were from her nose bleeding, in consequence of Burke having struck her; and the blood upon the sheet proceeded from the declarant, in consequence of her state at the time, as was known to Mrs. Gray. And all this she declares to be truth, and that she cannot write.

ARCHD. SCOTT. (Signed) G. TAIT.
A. M‘LUCAS.
A. MACLEAN.

_At Edinburgh, the 10th day of November 1828._

In presence of GEORGE TAIT, Esq. Sheriff-Substitute of
Edinburghshire,

Compeared Helen M‘Dougal, present prisoner in the tolbooth of Edinburgh, and being examined, and the declaration emitted by her before the said Sheriff-Substitute, at Edinburgh, upon the 3d day of November current, being read over to her, she adheres thereto. And being interrogated, declares, that between three and four o’clock of Friday afternoon, the woman named Mary insisted on having salt to wash herself with, and became otherwise very troublesome, and called for tea different times, and the declarant told her she could not be troubled with her any longer, and thrust her out of the door by the shoulders, and never saw her afterwards. And being interrogated, declares, That Brogan did not bring any woman into the house. And being interrogated, declares, That William Burke and William Hare had a slight difference and struggle together on Friday night, as she thinks; but there was no great noise made, and no cries of murder, so far as she heard. All which she declares to be truth; and that she cannot write.

ARCHD. SCOTT. (Signed) GEORGE TAIT.
A. M‘LUCAS.
A. M‘LEAN.

* * * * *

The LORD ADVOCATE addressed the Jury in the following terms:--

_Gentlemen of the Jury._--It is now my duty to make a few remarks on the tenor of the evidence which has been laid before you in support of the indictment against the pannels at the bar; and, at this late hour, when you must be exhausted with the long trial in which you have been engaged, I shall not detain you long. Indeed, had this been an ordinary case, I should have had great pleasure in leaving the evidence to your own judgment, without one word of comment from me, satisfied that, in the charge which you will receive from the Court, before you retire, a much more luminous and impartial detail of its substance and bearings will be given, than can be expected from one holding the situation which I do, as Public Prosecutor. But this is a case of no ordinary complexion; and I am, therefore, called on for some observations, more especially, as you will be addressed on behalf of the prisoners by my honourable and learned friends on the other side of the bar; and it might be thought remissness on my part, if I were to allow the evidence to go to you for a verdict, without some remarks on its tendency, while its true effect would perhaps be impaired by the able comments of the pannels’ counsel.

Gentlemen, it affords me peculiar satisfaction to see, in a case of this kind, so full and formidable an array of counsel for the defence. In all cases, the Bar of Scotland does itself honour by undertaking the defence of the unhappy persons who are brought before this Court accused of offences; but, in this case, I am proud and happy to see the most distinguished among my brethren engaged in the defence of the prisoners--coming forward and lending the strength of their great talents and great learning spontaneously and gratuitously to these unfortunate persons. It is for the ends of public justice that they have done so: and it is a great consolation to me, in the discharge of my painful duty, that the pannels, and in them the law and the country at large, will derive all the benefit which may be looked for from the knowledge and the eloquence of such distinguished advocates. If an acquittal should follow the proceedings in which we have this day been engaged, I hope it will be acknowledged that I have only done my duty to the public, in putting these prisoners on their trial; and should they be convicted, they will be ably defended, if they have any defence; and the country must be satisfied that the conviction will be just, when the defence is in the hands of counsel so eminent, and so universally and deservedly respected.