Authors: Brian Bailey
Now, my Lord, I will again call your attention to the above statement. It is well known that James Wilson, or Daft Jamie, had a very peculiar physiognomy, he was also partially deprived of the use of his right side. One of his feet was very much contracted; in short, any individual that ever saw him in life would know his corpse. Again, it is usual to make use of the oldest subjects first, that is those subjects that have been the longest in the possession of the lecturer. Now, my Lord, it will be observed, that on the rumour of Jamie being amissing, or thereabouts, his body was ordered for dissection, although it was the last and freshest subject in the Doctor’s possession. His head was kept entire and not suffered to be lectured upon; his feet were requested of the students, and when given, instead of going through the usual preparation of immersing them in water, they were instantly separated bone from bone, although this manner of procedure was infinitely more laborious than the other. What is your Lordship’s opinion? does it not look very like a concealment? In such a case I should be very apt to consider that the parties had discovered that the body actually was
Jamie’s
, and that in order to destroy every trace of detection, they made away with those parts most likely to be recognized. Or did the Doctor wish to prepare the skull, knowing it to be the head of an idiot, and along with other venerable relics of the same kind, commence a course of lectures on phrenology, and supersede Dr Combe. Be this as it may, I am certain your Lordship will agree with me, that if the Doctor is not highly culpable, and, in the true sense of the law, GUILTY art and part, he is at least deserving of public censure for his negligence in not giving that information which must have been in his power to communicate.
Paterson goes on to state, “That when the rumour of Jamie’s absence was generally known, many and singular were the remarks made by the students. For his part, he then, and not till then, began to form a very different opinion of the individuals Burke and Hare, and had determined in his own mind, at all hazards, to watch the motions of these villains more minutely, and examine the next subject they brought to the rooms. He says, I did not wait long in suspense, for a few evenings after, to wit, 31st October, 1828, being invited to partake of a beef-steak supper with a friend; on my return home about 12 o’clock, and on going up stairs, I heard a knocking at the door of my lodgings. I enquired who was there twice, before receiving any answer, at length a voice answered, John, and asked if I was Dr K—’s man; having answered in the affirmative, he said he wanted to see me at his own house, but on my informing him that I did not know where his house was, he offered to accompany me. I knew by this time that it was
Burke
, and as I perceived him a little intoxicated, I thought it would be a good opportunity to commence my inquiries. We went down stairs in solemn silence, and conducted by Burke, got to his house, remarking to him, that he lived in a very strange and intricate situation, his answer was, that it suited his purpose. On entering the house, I observed a man,
Hare
, and two women, all more or less intoxicated. The motive for his wishing to see me at his own house, I did not then know. Just as he had got in, he tapped me on the shoulder, and pointing to a quantity of straw, said, “
there lies something for the Doctor to-morrow
”, at that instant, I fixed my eyes stedfastly upon Burke; and, from the suspicions I entertained in my own mind, I in a moment glanced at the other individuals; but seeing nothing to raise my suspicions, I merely answered at the time, (to the best of my recollection,) that they might send it any time tomorrow. Burke asked if I would give him some blunt, my answer was, that I had nothing to do with these matters, and that the Doctor would pay him when he brought the subject. I did not see the body, but immediately left the house. On my return home, I found that a man answering to Burke’s description, had called for me at the early part of the evening. When I retired to bed, I took a retrospective view of the conduct of Burke and Hare, I remarked their shyness in answering the questions I formerly put to them respecting the body of the girl Paterson. The subjects generally brought by them, seemed always fresher than those from other quarters. The circumstance of
Jamie
being still amissing, and no accounts whatever concerning him, rushed on my mind, the conduct of the individuals that very night, while a corpse was lying in one corner of the hovel, in the same place, the parties seemed to have been carousing in the height of jollity; another circumstance of greater moment, now passed before me, the subjects generally brought by them to the Lecture Room, were uniformly packed in a box or chest; now, thought I, if these men actually disinterred the body said to be among the straw, it is more than probable, that they would have packed it up before sending it to their own house, and not at all likely that they would have unpacked it again. However, the circumstances of Jamie alone, prompted me to determine, that if the subject was brought in time next day, I would satisfy myself as to any external marks of violence. Next day I impatiently waited for the package, and towards evening I began to suspect that it was a trick, in order to get money. About seven o’clock on the Saturday evening, Burke, Hare, and M‘Culloch brought a package, and delivered it in the presence of Mr Jones; as they insisted for money, Mr Jones accompanied me to the Doctor’s house. We told the Doctor that the men had brought the package they had promised him, and that they were clamorous for money. The Doctor gave me £5, desiring me to give it them, and they would receive the remainder on Monday. It being now late, I had no opportunity of examining the body that night, but resolved to go on the morrow, (Sunday,) and satisfy my curiosity, for which purpose I took the keys of the Lecture Room with me.
Early on the Sunday morning I was awakened by Lieutenant Paterson and Serjeant-major Fisher of the Police establishment, who informed me that they had brought an order from Dr K— for me to accompany them with the keys of the lecture rooms, and allow them to search for the body of a woman said to have been murdered and sold to the Doctor. My former surmises now rushed upon me, and I inquired of Lieutenant Paterson if he really thought there was any truth in it, when he informed me, that there were some persons in custody upon suspicion; I went with them, and on opening the rooms said, that to prevent all unnecessary trouble, I would show them the package left on Saturday evening untouched, and did so. Lieutenant Paterson then requested me to assist in opening the package, which I did accordingly, and stretched the body at full length upon a table in order to inspect it minutely. Lieutenant Paterson requested to know my opinion, but as I had no knowledge in surgery, could not give an opinion any farther than from the appearance of the face, and a little blood at the corners of the mouth, I should suppose, from what I have heard, that the person must have died by suffocation or poison; and not perceiving any external marks of violence, could not hazard any just opinion. I however had my own thoughts; the appearance of this body, (Campbell or Docherty,) coincided exactly with that of the girl Paterson; and combining these circumstances with that of Jamie, and of the individuals that brought those bodies to the Lecture Room being in custody, I delivered up the keys to Lieutenant Paterson, requesting him to take the body under his own charge; a person then arrived with a policeman who recognized the deceased, and said it was the same they were in search of.
Here Paterson remarked, that if the version of the Confession of Burke, as given in the public prints is correct, he has in many instances given the words of Dr K— as his (Paterson’s). And to show your Lordship what confidence can be placed in Burke’s Confession, Paterson relates the following anecdote, as told him by Mr A. M—n, on whose veracity he can depend, and who was in the employment of Dr K— long before Paterson was engaged: “The first time Mr M—n saw Burke or Hare was about the end of 1827, when one of them called at the Rooms during the day and inquired of him if the Doctor would purchase a subject, on being answered he would, they returned in the evening with the body of a very tall man in a sack. One carried the sack while the other assisted behind. One of the arms of the subject was hanging outside, at that time they seemed flurred and in a great hurry.” Now it will be remembered, that in Burke’s Confession, he says, that the first subject ever they sold to Dr K— was a female that died in Hare’s house, this seems strange; but as they were in the habit of supplying the Doctor before my time, I cannot solve that mystery.
By reviewing the foregoing statement, and coupling it with circumstances that has since transpired, I think your Lordship will admit that there is strong circumstantial evidence existing against the parties, who have all along steered clear of this affair. I will commence my remarks as far back as February 1828; at that time,
Burke
and
Hare
had been supplying Dr K— with subjects for at least two or three months previous; at that time, Mr M—r, an assistant, if not always, frequently went with them, and again returned in about an hour and a half with a subject. Mr M—r ought to be examined on this point; he must know where these subjects came from, – who were the individuals he saw, – possibly can tell whether the subjects were male or female. It has been said that one murder was committed in Broggan’s house. Did Broggan not see a third person in his house when he left it, and on his return, found only Burke and Hare, with a package in the room, this package, it is said, Broggan suspected to be a body, and was anxious that it should be removed. Now if Broggan saw three persons enter his house without a package, he knew the character of Burke and Hare too well, not to be acquainted with the motives that had brought them there; if, on his return, he found the third person amissing, and in his or her place a package, a package too that he suspected to contain a body, ought he not to have enquired after the party missing, and what that package contained. No, no, Mr Broggan was no novice to the trade; he was well aware that they had a
subject
, and consequently knowing, without giving information, is guilty art and part. – Probably Mr M—r, the assistant, can throw some light on this subject.
The story of the girl Paterson, or Mitchell, is still more glaring. Jess Brown states, that Paterson was in her company when they were accosted by two men, (Burke and Hare); the men would not accompany them to the house proposed by Brown, but insisted upon the girls going with them; they contrived to give Brown the slip, or Brown gave them the slip, and observed Burke, Hare, and the girl Paterson proceed towards the Canongate; they were admitted into Burke’s brother’s house in the Canongate; she was seen there by Burke’s brother, who is a scaffenger, and he sat carousing with them until his avocations called him away early in the morning; after his departure the murder was committed; the body was taken the same evening to Surgeons Square, and sold for £10; the next day it was recognized by Mr F—, an assistant to Dr K—; the face was of a strong livid colour, and traces of blood were observable at the mouth, nose, and ears. Here is a chain of strong circumstantial evidence against Hare, so much so, that an English jury would not have the least hesitation in returning a verdict against him; still it may be said, that there is no proof as to these men being the perpetrators of the murder.
Your Lordship must be aware that the law does not always require eye witnesses to the fact, for it justly observes, that these acts are generally done in so secret a manner, that nine cases out of ten would go unpunished; but that a chain of circumstantial evidence, well supported, taking into consideration the previous character of the parties, will be sufficient to condemn. There is sufficient proof that Burke and Hare were seen last in Paterson’s company; there is also sufficient proof, that Burke and Hare brought the body of Paterson to Surgeons Square, fifteen hours after she was seen by Burke’s brother. One witness can swear it was her body he saw in the Lecture Room; combine this with the circumstance of her mysterious disappearance, and, as an honest man, ask your own conscience, if there is not sufficient proof to put HARE upon his trial for the murder. I will call your Lordship’s attention to another circumstance. HARE brought a subject to Surgeons Square while Burke was absent in the country, and delivered it to Mr M—. I think it would be proper to examine Mr M— upon this point, as it possibly might be the body of the person that was murdered in Broggan’s house, and the evidence obtained from Dr K—, Mr M—, Broggan, and possibly others, might be of service in the prosecution. Another chain of circumstantial evidence against HARE is this, James Wilson, or DAFT JAMIE, was seen by many, the day of that evening the murder was committed; he was last seen in the West Port with
Burke
or
Hare
; the night after the murder he was carried to Surgeons Square by M’Culloch, accompanied by
Burke
and
Hare
; the observations of the students the next day, that they knew it to be JAMIE, and when the story of his disappearance became general, – the ordering of that body for dissection, instead of the uniform practice of making use of the body longest in possession of the lecturer, – and even then destroying all traces of such parts of the body as were most likely to lead to a discovery, this calls loudly upon the lecturer to give the public some satisfactory reason, why he deviated in this case from the usual mode of procedure. There is Mr M—1, a student, who on, lifting up the head of the subject, declared it at once to be Jamie, and many others coincided in his opinion. If these gentlemen will now come forward and state upon oath, to the best of their knowledge, that the body alluded to, was that of James Wilson, or
Daft Jamie
, and the parties that last saw him, – time and place; the party that carried the body to Surgeons Square, – from whom did he receive it, and from whence he carried it; the party that received the body, – from whom and by whom accompanied, with time and place; the party that paid the money for the body, and to whom did they pay it. If in this chain of circumstances there is no proof that HARE has acted a principal part, it is not to be supposed that your Lordship can file a bill against him; but, on the other hand, should your Lordship see the least ground of evidence that can be supported by circumstances, I trust you will, with your wonted alacrity, bring him forward to answer for those crimes of which he seems to be a principal accomplice. Public justice demands it, and the public feeling must be appeased.