The surgeons from their anxiety to obtain subjects, and from the acknowledged illegality of the proceedings, were frequently not overnice or minute in their inquiries as to the cause of death, or the means by which the body offered to them was obtained. The impossibility of obtaining any answer the truth of which could be relied on, and the independence of the “resurrection-men,” who were always sure of a market, may be reckoned as almost sufficient excuses for this lax mode of proceeding; and it is just to believe, that no suspicion can ever have entered the imagination of the anatomists, that unfair means had been resorted to, to take away the life of the subjects offered to them, merely with a view to their bodies being submitted to their dissection. To such causes may be ascribed the non-discovery of the suspicious cause of death of the numerous miserable victims whom investigation proves to have been murdered.
In this case, happily, the frequency of the visits of the supposed resurrectionist or body-stealer to the same museum enabled the police to discover his haunts, together with the circumstances attending the disappearance of the deceased, which were sufficient to afford convincing proof of her murder at his hands. Paterson, the porter to Dr. Knox’s museum, was well acquainted with the persons of Burke and a man named Hare, by whom this subject had been sold, and he related the circumstances attending its purchase to the police serjeant, by whom the investigation was carried on, in such a manner, as at once secured their apprehension. He said that on the 31st of October, Burke and Hare called at the dissecting-rooms, and said that they had got something for the doctor, at the house occupied by the former. Paterson had before visited this place on similar occasions, and was well acquainted with its position, and on the next morning he went to the house in Tanner’s-close, where he was told the body lay. He found there Mrs. M‘Dougal, who passed as the wife of Burke, and Mrs. Margaret Laird, who stood in the same relation with regard to Hare. Upon his entrance, Burke pointed to a heap of straw under the table, signifying that the body was there; and the witness gave them 5l. to be divided between the two men, 3l. more being agreed to be paid, if the subject should turn out to be such as was desired. The men divided the money, and promised to carry home the body on the same night to the museum. It arrived, packed in a tea-chest, and at the time of the visit of the police, which was on the following day, (the 2nd of November,) it had not yet been looked at. Upon the chest being opened, appearances presented themselves which induced Paterson to believe that the body had never been buried; the face was livid, and blood was running from the nostrils and mouth; and, as we have already said, subsequent examination proved that death had been caused by suffocation.
Coincident with the discovery of this evidence, the voluntary testimony of two other witnesses was obtained, which afforded conclusive proof of the violent means resorted to by Burke and Hare, to procure the death of the deceased. Mr. and Mrs. Gray, poor persons, who were travelling through Edinburgh, informed the police, on the same day, of occurrences which they had witnessed on the night of the 31st October, which induced the most dreadful suspicions in their minds. They stated that they had taken up their lodgings in the house occupied by Burke in the course of that day, and towards the evening they had seen Mrs. Campbell go in with that person. They, however, retired to rest without holding any communication with her, as she appeared to be intoxicated; but in the morning, they were surprised to find that she was gone. They inquired of Mrs. Burke what had become of her, and she said that they had turned her out because she was impudent; but an undefinable apprehension lurked in their minds of some wrong having been done, and seizing an opportunity they peered into Burke’s room, and there, under the table, they saw marks of blood, and upon further investigation, the body of the murdered woman concealed beneath some straw. Terror-struck with the discovery, they immediately gathered up their bundles and proceeded to quit the house, but were dissuaded from their intention by Mrs. Burke, who had ascertained the fact of their having made so important a discovery, who urged them to stop, “as it might be 10l. a week to them.” They, however, rushed from the place as soon as they could escape, and on the following day conveyed intelligence to the police of what they had seen.
Upon the arrival of the authorities at the Tanner’s-close, they found it to be a scene well fitted for the performance of such tragedies as had been recently enacted within its limits. The close itself was narrow and dark, and contained only one house, which was situated at the bottom. Here, almost shut out from the light of heaven, lived this detestable murderer, letting out lodgings either by the night or otherwise, to such poor wretches as would put up with the accommodation which he could offer. The house consisted of two rooms only, one of which was occupied by Burke and his wife, while the other was devoted to his lodgers. The former contained nothing but a miserable bed, a table, and some straw, still reeking with the blood of the murdered woman, while the latter was totally devoid of furniture. Fortunately for their purpose, the whole party, four in number, was assembled; and they were all immediately secured and conveyed to prison. Burke, it appeared, had carried on a pretended trade of shoemaking, and in one corner of his room was found a pile of old boots and shoes, consisting of nearly forty pairs; but the discovery also of a great number of suits of clothes, of various sizes, and bearing distinct marks of blood, afforded sufficient proof, that the murder of Mrs. Campbell was not the only one which had been perpetrated within the apartment.
It would be a vain effort to attempt to convey even a faint idea of the universal horror excited by these dreadful discoveries, and the fearful execration heaped upon the heads of the diabolical assassins. Even the surgeons, who were looked upon as the supporters and the indirect instigators of the murders, shared with the prisoners the effects of the strong public sensation which existed; and in several places throughout the empire—for, the system being the same everywhere, the indignation of the people was not confined to Edinburgh—attempts were made to destroy the dissecting-schools. In this, however, and in the obloquy cast upon the gentlemen of this profession, it must be said that they suffered unjustly. They were the victims, as well as the public, under a defective system of legislation; and the insufficiency of the law was to be blamed, and not those whose absolute necessity compelled them to adopt measures, of themselves illegal, but excusable, considering the advantages to be derived from them to society, and the utter neglect of the efforts which they had made, to secure such provisions by the legislature as should enable them to proceed in a manner becoming the high and honourable station which they filled.
The examinations of the prisoners before the magistrates of Edinburgh served only to bring to light fresh atrocities and to excite fresh horror; and eventually the whole of the prisoners were committed for trial, the evidence being clear and conclusive as to the implication of the men, although that which affected the women left great doubts as to the possibility of their conviction being secured.
During the period which elapsed subsequently to their committal, and preparatory to their trial, Hare, with a degree of villany excelling that of his fellow in guilt, offered to make disclosures upon the subject of the system which had been carried on, upon condition of his own indemnification from punishment, and that of his wife. Mrs. Laird, it had been discovered, was the least guilty of the whole party, and so far as her discharge was concerned but little difficulty was experienced; but upon the question of the other terms desired by Hare to be imposed in reference to his own case, considerable doubt was entertained. Long and frequent consultations were held by the magistrates upon the subject, in which the probabilities of the conviction of these associates in villany were most anxiously weighed; and it was at length determined that, for the sake of that justice which imperatively demanded the most satisfactory and complete evidence of the guilt of one at least of the gang, the offer should be accepted. The prisoner then made a statement to the officers of the jail, which was reduced to writing, but which, from causes too obvious to need repetition here, was not published in full. That portion of it which immediately affected the case of Burke and Mrs. M‘Dougal came out upon the trial; but many particulars with regard to the system which had been carried on were most properly concealed from the public knowledge.
On the 23rd December in the same year, the two prisoners, William Burke and Helen M‘Dougal, were put upon their trial before the High Court of Justiciary at Edinburgh. The indictment charged against them several murders, founded upon the communications made by Hare; but after much discussion on the part of the counsel for the crown, and on behalf of the prisoners, it was determined that that part only of the indictment which alleged them to have murdered Mary Campbell should be proceeded with, inasmuch as that the disclosure of any of the particulars of one murder in the course of a trial for another would materially prejudice the minds of the jury against the persons charged. The murder of Mrs. Campbell was alleged to have been committed by suffocation.
The preliminary witnesses produced a plan of the house of the prisoners in Tanner’s-close, and proved the identity of the remains found at the house of Dr. Knox.
William Noble, the shopman to Mr. Rayner, a grocer at Portsburgh, near Tanner’s-close, was then examined, and he proved, that on the night of the 31st October Burke, who had been in the habit of dealing at his employer’s house, called there in order to purchase some trifling articles of grocery. While he was standing at the counter, Mrs. Campbell entered the shop, and begged for charity. She said that she had come to Edinburgh to search for her son, a boy of eleven years old, but that she had been unable to find him, and that she was now quite destitute. Burke inquired her name, and on her mentioning the name of Campbell he at once claimed acquaintance and relationship with her, and finally took her away with him, saying that he would provide her with lodging for the night. The woman at this time was sober. The witness added that on the following day, Burke called again and purchased an old tea-chest, and Mrs. Hare, whom he knew, as well as her husband and Mrs. M‘Dougal, carried it away about half-an-hour afterwards.