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.
The only mode by which the information essentially awanting could be procured, was by admitting some of the accused persons as witnesses against the others. Another consideration of still greater importance rendered this course indispensable.
Some circumstances about this time transpired, which led the respondent to dread, that at least one other case of a similar description had occurred. In such circumstances he felt it to be his imperative duty, not to rest satisfied without having the matter probed to the bottom; and that he should, for the sake of the public interest, have it ascertained what crimes of this revolting description had really been committed—who were concerned in them—whether the whole persons engaged in such transactions had been taken into custody, or if other gangs remained, whose practices might continue to endanger human life. Compared with such knowledge, even a conviction for the murder of Docherty appeared immaterial. But such information could not be obtained by bringing to trial all the four persons accused. A conviction might lead to their punishment, but it could not secure such a disclosure.
After deliberately weighing all these matters it appeared to the respondent then, as it does to him now, that in the exercise of a sound discretion, and in the performance of his public duty, embracing equally the interest of the community at large, and of the relatives of injured parties, he had no choice left but to follow that course he had adopted.
The only matter for deliberation regarded which of the four should be selected as witnesses.