THE HISTORY OF BURKE AND HARE

 

 

THE HISTORY
OF
BURKE AND HARE

 

And of the Resurrectionist Times

 

A FRAGMENT FROM THE CRIMINAL ANNALS OF SCOTLAND

 

BY
GEORGE MAC GREGOR, F.S.A. Scot.,
Author of “The History of Glasgow,” and Editor of
“The Collected Writings of Dougal Graham.”

 

CONTAINING SEVEN ILLUSTRATIONS

 

GLASGOW: THOMAS D. MORISON
LONDON: HAMILTON, ADAMS, & CO.
1884

 

 

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PREFACE.

The history of the Scottish nation has, unfortunately, been stained with many foul crimes, perpetrated either to serve personal ends and private ambition, or under the pretence of effecting the increased welfare of the people. These have given life to a large amount of literature, much of it from the pens of some of the most distinguished legal and antiquarian authors the country has produced, such as Arnot, Pitcairn, MacLaurin, Burton, and others. But of all the criminal events that have occurred in Scotland, few have excited so deep, widespread, and lasting an interest as those which took place during what have been called the Resurrectionist Times, and notably, the dreadful series of murders perpetrated in the name of anatomical science by Burke and Hare. The universal interest excited at the time of these occurrences, also, has called forth a great quantity of fugitive literature; and as no narrative of any considerable size, detailing in a connected and chronological form the events which bulk so largely in the history of the country, had yet appeared, the Author considered a volume such as the present was required to fill up an important hiatus in the criminal annals of his country.

In the preparation of this work the Author has had a double purpose before him. He has sought not only to record faithfully the lives and crimes of Burke and Hare, and their two female associates, but also to present a general view of the Resurrectionist movement from its earliest inception until the passing of the Anatomy Act in 1832, when the violation of the sepulchres of the dead for scientific purposes was rendered unnecessary, and absolutely inexcusable. He has, in carrying out this object, endeavoured to give due prominence to the medical and legal aspects of the whole subject; and to the social effects produced by the movement throughout the century and a half during which it flourished in Scotland. In order to do this the Author has consulted books, newspapers, and documents of all kinds, and has sought, where that was possible, to supplement his information by oral tradition. But in addition, he has, in the body of the work, and in the Appendix, brought together stray ballads, and illustrative cases and notes, which help to give a better and fuller understanding of the historical aspect of the question, and of its influence on the minds of the great bulk of the Scottish people.

The Author has to express his thanks to the many gentlemen who have kindly allowed him access to their rare and valuable collections, from which he derived great assistance in the course of his investigations.

Glasgow, May, 1884.

 

 

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CONTENTS.

  Page INTRODUCTION.— The Resurrectionist Movement—Its Contributing Causes and Results, 13   CHAPTER I.— Early Prohibition of Dissection—Shakespeare’s Tomb—The Progress of Anatomy—Curious Incident in Edinburgh—An Old Broadside Ballad on Body-Snatching—Tumults in Edinburgh and Glasgow—Female “Burkers”, 16   CHAPTER II.— Tales of the Resurrectionists—The Students at Work, 25   CHAPTER III.— Tales of the Resurrectionists—What the Doctors did, 33   CHAPTER IV.— Tales of the Resurrectionists—The Professional Body-Snatchers—A Dundee Resurrectionist Ballad—A Strange Experiment in Glasgow, 38   CHAPTER V.— The Early Life of Burke and M‘Dougal—Their Meeting with Hare and his Wife—Some Notes Concerning the Latter, 47   CHAPTER VI.— Death of Donald the Pensioner—Hare’s Debt—Negotiations with the Doctors—A Bargain Struck—Sale of Donald’s Body, 54   CHAPTER VII.— New Prospects—Description of Hare’s House—The Murder of Abigail Simpson, the Old

Woman from Gilmerton—The Two Sick Men, 57   CHAPTER VIII.— Qualms of Conscience—The Murder of Mary Paterson, and Escape of Janet Brown—Preservation of the Fallen Beauty, 63   CHAPTER IX.— Unknown Victims—The Two Old Women—Effy the Cinder Raker—“A Good Character with the Police”—Burke and Hare Separate—The Murder of Mrs. Hostler, 69   CHAPTER X.— Old Mary Haldane—The End of her Debauch—Peggy Haldane in Search of her Mother—Mother and Daughter United in Death, 74   CHAPTER XI.— A Narrow Escape—The Old Irishwoman and her Grandson—Their Murder—Hare’s Horse rising in Judgment, 79   CHAPTER XII.— Jealousy—An Undeveloped Plot—Hare Cheats Burke, and they Separate—The Foul Work Continued—Murder of Ann M‘Dougal, 82   CHAPTER XIII.— James Wilson, “Daft Jamie”—Some Anecdotes concerning him—Daft Jamie and Boby Awl, 88   CHAPTER XIV.— Daft Jamie Trapped into Hare’s House—The Murder—The Body Recognised on the Dissecting Table—Popular Feeling, 94   CHAPTER XV.— The End Approaches—Proposed Extension of Business—Mrs. Docherty claimed as Burke’s Relative—The Lodgers Dismissed—The Murder of Mrs. Docherty, 99   CHAPTER XVI.— An Ill Excuse—Strange Behaviour—Discovery—The Threat—Unavailing Arguments—The Last Bargain, 103   CHAPTER XVII.— The Arrest of Burke and M‘Dougal—Discovery of the Body—Hare and his Wife Apprehended—Public Intimation of the Tragedy—Burke and M‘Dougal give their Version of the Transaction, 107   CHAPTER XVIII.— Public Excitement at the West Port Murder—The Newspapers—Doubts as to the Disappearance of Daft Jamie and Mary Paterson—The Resurrectionists still at Work, 113   CHAPTER XIX.— Burke and M‘Dougal amend their Account of the Murder—The Prosecution in a Difficulty—Hare turns King’s Evidence—The Indictment against Burke and M‘Dougal, 118   CHAPTER XX.— Public Anticipation of the Trial—Appearance of Burke and M‘Dougal in the Dock—Opening of the Court—The Debate on the Relevancy of the Indictment, 124   CHAPTER XXI.— The Trial of Burke and M‘Dougal—Circumstantial Evidence—Hare’s Account

of the Murder of Docherty—What he Declined to Answer—Mrs. Hare and her Child, 130   CHAPTER XXII.— The Trial—Speeches of Counsel—Mr. Cockburn’s Opinion of Hare—The Verdict of the Jury, 136   CHAPTER XXIII.— The Last Stage of the Trial—Burke Sentenced to Death—The Scene in Court—M‘Dougal Discharged—Duration of the Trial, 142   CHAPTER XXIV.— The Interest in the Trial—Feeling as to the Result—Press Opinions—Attack on Dr. Knox’s House, 146   CHAPTER XXV.— Burke’s Behaviour in Prison—Liberation of M‘Dougal, and the Consequent Riot—Visitors at Burke’s House in the West Port—Burke’s Idea of the Obligations of Dr. Knox—His Confessions, 150   CHAPTER XXVI.— “The Complicity of the Doctors”—Numerous Disappearances—Dr. Knox and David Paterson—Paterson Defends Himself—“The Echo of Surgeon’s Square”—The Scapegoat, 155   CHAPTER XXVII.— The Legal Position of Hare and his Wife—Gossip about Burke—Mrs. Hare and her Child—Constantine Burke—Anatomical Instruction—Mrs. Docherty’s Antecedents, 163   CHAPTER XXVIII.— Burke’s Spiritual Condition—The Erection of the Scaffold—The Criminal’s Last Hours—Scene at the Execution—Behaviour of the People, 169   CHAPTER XXIX.— Lecture on Burke’s Body—Riot among the Students—Excitement in Edinburgh—The Public Exhibition—Dissection of the Body of the Murderer—Phrenological Developments of Burke and Hare, 174   CHAPTER XXX.— Hare’s Position after the Trial—Warrant for his Commitment Withdrawn—Daft Jamie’s Relatives seek to Prosecute—The Case before the Sheriff and the Lords of Justiciary—Burke’s Confession and the “Courant”—The Lord Advocate’s Reasons for Declining to Proceed against Hare—Pleadings for the Parties, 182   CHAPTER XXXI.— Hare’s Case before the High Court of Justiciary—Speech by Mr. Francis Jeffrey—Opinion of the Judges—A Divided Bench—The Decision of the Court,, 191   CHAPTER XXXII.— Popular Feeling against Hare—His Behaviour in Prison—Withdrawal of the Warrant—His Liberation and Flight—Recognition—Riot in Dumfries, and Narrow Escape of Hare—Over the Border—Ballad Version of the Flight,, 198   CHAPTER XXXIII.— The Confessions of Burke—The Interdicts against the “Edinburgh Evening Courant”—Burke’s Note on the “Courant” Confession—Issue of the Official Document—Publication of both Confessions,, 206   CHAPTER XXXIV.— Burke’s Confession before the

Sheriff—A Record of the Murders—The Method—Complicity of the Women and the Doctors—Murderers, but not Body-Snatchers,, 211   CHAPTER XXXV.— The “Courant” Confession of Burke—Details of the Crimes—Burke’s Account of his Life—The Criminals and Dr. Knox,, 219   CHAPTER XXXVI.— The Fate of Hare—Mrs. Hare in Glasgow—Rescue from the Mob—Her Escape to Ireland, and Subsequent Career—Helen M‘Dougal—Burke’s Wife in Ireland,, 229   CHAPTER XXXVII.— Dr. Knox’s Connection with Burke and Hare—His Egotism—Knox’s Criticism of Liston and his Assistants—Hanging Knox’s Effigy—Popular Tumults—Demand that he should be put on Trial,, 234   CHAPTER XXXVIII.— Inquiry into Dr. Knox’s Relations with Burke and Hare—Report of Committee,, 240   CHAPTER XXXIX.— English Newspapers on the West Port Tragedies—The “Sun,” and its Idea of the Popular Feeling—Gray and his Wife,, 244   CHAPTER XL.— The Relations of the Doctors and the Body-Snatchers—Need for a Change in the Law—A Curious Case in London—Introduction and Withdrawal of the Anatomy Bill,, 249   CHAPTER XLI.— “Burking” in London—Apprehension of Bishop, Williams, and May—Their Trial, Confession, and Execution—Re-introduction and Passing of the Anatomy Act,, 254   CHAPTER XLII.— The Passing of the Anatomy Act—Its Terms and Provisions,, 260   CHAPTER XLIII.— Conclusion—Review of the Effects Produced by the Resurrectionist Movement—The Houses in Portsburgh—The Popular Idea of the Method of Burke and Hare—Origin of the Words “Burker” and “Burking”,, 267   APPENDIX.— The Case Against Torrence and Waldie,, 275 Interview with Burke in Prison,, 278 Confession of Bishop and Williams, the London “Burkers”,, 281 Songs and Ballads,, 288

 

 

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LIST OF ILLUSTRATIONS.

  Page Portrait of William Burke, 21 Portrait of Helen M‘Dougal, 53 Interior of Burke’s House, 85 Plan of Houses in Wester Portsburgh,

href="@public@vhost@g@gutenberg@html@files@41380@[email protected]#Page_132" class="pginternal" tag="{http://www.w3.org/1999/xhtml}a">133 Portrait of William Hare, 173 Fac-Simile of Burke’s Confession, 229 Portrait of Mrs. Hare, 272

 

 

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KEY TO ILLUSTRATIONS

 

APPEARING OPPOSITE PAGES 85 AND 86 RESPECTIVELY.

1. The bed, or wooden frame, full of rags and filth.

1. Straw under it.

2. The straw under which the body of the old woman was hid.

3. A chair, on which Hare pretended that he sat during the murder.

4. Two wooden stools.

5. An iron pot, full of potatoes.

6. A cupboard, or wall-press.

7. A window, large for such a den, looking towards the Castle Hill.

8. Implements for shoe-making, old shoes, and rubbish.

A fac-simile of Burke’s signature, carefully traced from his first declaration of 3rd November, 1828.

 

 

A. House possessed by William Burke.

B. Bed in Burke’s house, filled with case straw, covered with a blanket.

C. The dark mark near C represents the appearance of blood on the floor of Burke’s house.

D. House possessed by Mrs. Connoway.

E. House possessed by Mrs. Law.

F F F F. The dotted line on which the four letters F are placed shows the passage from the street and flat above, and corresponds with the passage in the sunk floor.

G. Steps and door to back court.

H. Passage and stair leading from back court to Weaver’s Close.

I. House possessed by William Hare.

K. Stable possessed by William Hare.

L. Shop possessed by Mr. Rymer.

M. The loose straw at the foot of the bed.

N. The dotted lines S S S S represent the direction of Paterson’s house, distant 208 feet from the point N.

O O O. Private passage to Burke’s house.

P P P P. Common passage to all the houses and cellars on the sunk flat.

R R R R. The strong line marked with the letter R shows the different entries to Burke’s house.

 

 

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THE HISTORY

OF

BURKE AND HARE.

 

INTRODUCTION.

The Resurrectionist Movement—Its Contributing Causes and Results.

There is perhaps no portion of the social history of Scotland which possesses greater interest of a variety of kinds than that which relates to the rise, development, and ultimate downfall of the resurrectionist movement. To many persons now living, but who are nearing the verge of the unseen world, the interest is in a sense contemporary, for their younger days were spent under the shadow which so long overspread our country; to those of a later generation the traditions—perhaps the events are scarcely of sufficiently remote occurrence to call the stories of them traditions—of that dreadful time served to make their young imaginations vivid, and render them more obedient to behests of their parents or nurses. How many can remember the time when they were frightened into good behaviour by the threat that, if they did not do what they were told, “Burke and Hare” would take them away; or who, passing by a churchyard on a dark night, with the light of the moon casting a gruesome glamour over the tombstones, recalled to mind the tales of the doings of the terrible resurrectionists. How many children—some of them old men and women now—in their play chanted the lines—

“Burke an’ Hare
Fell doun the stair,
Wi’ a body in a box,
Gaun to Doctor Knox”;

who trembled, even during the day, when they passed the houses occupied by these two men in the West Port of Edinburgh, remembering the fearful deeds that were enacted there. But in addition to the extraordinary impression which the resurrectionist movement made on the minds of the people of Scotland, it must be admitted to have had one good result. In the face of restrictive laws it gave an impetus to anatomical study, which was in the first instance beneficial to humanity; and in the second to the medical schools of this country, notably to the Edinburgh medical school, which attained great reputation at the period when the majority of the subjects for dissection were obtained in a manner revolting to the best feelings of humanity.

This practice of violating sepulchres, which must ever be regarded as one of the foulest blots on Scottish civilization, may be said to have had several contributing causes. The principal of these is admitted on all hands to have been the discovery on the part of the medical faculty that the knowledge they possessed of the human frame was founded rather upon uncertain tradition than upon empirical science; that they were practically ignorant of anatomy; and that if they hoped to make any advance in the art of healing human diseases they must devote more attention to a minute study of the dead subject. Having arrived at this conclusion—and it is a wonder they did not do so earlier—they were met by a difficulty brought about by prejudice. The people of Scotland, even in the most lawless ages, had an almost superstitious reverence for the dead; a reverence, indeed, which they did not always pay to the living. In this they only showed their human nature, and exhibited those instincts which seem to characterise men of all countries and all times. The “something beyond” the mortal sphere caused a peculiar regard for the dead; their belief in a resurrection was rather material, and it was thought impossible by many that when the last trump should sound the dead could rise if the bodies were cut up in dissection. The bodies of the dead, therefore, were carefully entombed to await the last call. The almost insurmountable difficulty, then, that presented itself to the doctors when they awoke out of their dream of ignorance, was where to obtain those subjects upon which they could experiment, and gain that knowledge of which they stood so much in need. The prejudice of the people, it has been stated, was against the subjection of the bodies of their deceased friends to such sacrilegious treatment, even though they were willing, for the most part, to admit that benefit was to be derived from it. As a consequence, science and prejudice came into violent conflict, and the war was

carried on by the representatives of the former with a determined persistency that led more or less directly to shocking crime, but ultimately to a modus vivendi that was for the interests of all concerned. These were the two main causes of the traffic; but there were others which, while not bearing so directly upon it, greatly aided its development. It received considerable assistance from the remarkable superstitions long attached to graveyards, the stories of ghosts and of wandering spirits

“Doom’d for a certain time to walk the night”;

of spiteful goblins and playful “brownies,” or of the uncanny dabblers in the forbidden art, whose dominion over the world was only during the midnight hour. It was then that the witches met in solemn conclave with the “father of lies” to plot against the peace of humanity, and that the denizens of the nether hell breathed the free air of earth, away from the choking fumes of the infernal brimstone. Such were the beliefs, and it therefore behoved every well-conducted person to keep the house after night-fall; and when any ventured abroad during the magic hours the working of superstition on minds either naturally credulous, or muddled with deep potations at the village tavern, or both, was sure to produce all kinds of apparitions, more or less fearful. Through this means the men employed by the surgeons to obtain bodies for dissection,—men, generally, whose utter absence of moral principle gave them the power to discredit the fears of their more conscientious countrymen,—were enabled for a time to go about their dreadful work with great immunity. Gradually the people threw off their superstitious feelings about church-yards, and considering themselves safe from unhallowed influences by the presence of numbers, they took guard in the protection of the bodies of their friends. Many skirmishes ensued between these watchers and the resurrectionists, and these have given to Scottish literature a large collection of anecdotes of rather a unique description. Then the large iron cages, or railings, placed over graves, give our churchyards an aspect peculiarly their own. All these matters have made an impression on the Scottish mind which it will yet take generations to efface.

There is, however, another aspect in which the resurrectionist movement can be regarded. It gave rise to a series of the most shocking crimes, committed in Edinburgh by Burke and Hare and their female confederates; and the discovery of these, again, brought about a trial occupying a most prominent and curious place in the annals of Scottish criminal law. In that trial legal points of the utmost importance were involved; and in connection with it the most eminent lawyers of the time were engaged. Were it only because of the great trial with which the movement may be said to have terminated it is deserving the attention of all interested in the history of Scotland. Further than that, it brought about the passing of a measure which relieved the medical faculty of the restrictions to inquiry and investigation under which they had so long laboured, and tended towards the development of a science in which humanity is too deeply interested to neglect.

 

 

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CHAPTER I.

At the first blush one is apt to think that the resurrectionist movement, culminating in Scotland by the apprehension of Burke and Hare, and the execution of the former, is of modern growth. That this, however, is not the case, is shown by a little investigation into the records of the past. There are numerous instances, in all civilised countries, if not of active body-snatching, at least of prohibitions of it or anything akin. The early Christians put epitaphs on the tombs of deceased relatives calling the curses of heaven upon the sacrilegious hand that dared disturb the ashes of the dead; Pope Boniface VIII. issued a bull condemning even the profane perforation of a skeleton; and who knows but the well-known inscription on Shakespeare’s tomb, written long before the great poet had become the object of a world’s regard, may have been dictated by a similar feeling:—

“Good friend, for Jesus’ sake forbear
To dig the dust inclosed here:
Blest be the man that spares these stones,
And curst be he that moves my bones.”

Then, again, the desire expressed by the dying Bruce that his heart should be cut from his body and taken to Jerusalem by the faithful Douglas, called forth the malediction of Pope Benedict XII. Mahomet, also, in the pages of the Koran, has forbidden dissection. All these instances show a most pronounced antipathy to the mutilation of the human body after death; and argue two things, first, that it was instinctive, and not a trait in the character of any particular nation or type of civilization; and, second, that unless a molesting cause existed, there would have been no need for the prohibitions. But the advancement of science was not to be bound down by this superstitious reverence for the dead; and, ultimately, in the sixteenth century, with the revival of learning, the bodies of criminals and unclaimed paupers were granted to surgeons for dissection, but then so sparingly that little progress in anatomy was made. The ignorance of the functions of the human body was so great, that the most haphazard methods of cure were adopted. If a sick person recovered it was more by chance than science, and if he died there is little doubt that death was hastened by the ignorance of his so called medical attendant, who clung tenaciously to the traditions of his profession, be the result kill or cure.

The first indication of anything approaching body-snatching in Scotland is to be found in the Fountainhall MS., in the Library of the Faculty of Advocates in Edinburgh. As the entry is of more than ordinary interest it may be quoted in extenso:—