The Court of Cacus; Or, The Story of Burke and HareLeighton, Alexander
History
The Court of Cacus; Or, The Story of Burke and Hare
Leighton, Alexander
Body snatching; Burke, William, 1792-1829; Hare, William, 1792?-1870?
The presiding judge of the Court at that time was the Lord Justice-Clerk
Boyle; the other judges, Lords Pitmilly, Meadowbank, and M'Kenzie; and the
prosecutor, Sir William Rae, Lord Advocate. The leading counsel for Burke
was the Dean of Faculty, that for M'Dougal, Henry Cockburn, James Tytler
being the Crown agent. The witnesses were fifty-five in number--the two
principal, Hare and his wife, received as king's evidence in the
characters of _socii criminis_. The panels having taken their places at
the bar in the midst of a crowded court, filled long before the opening of
the doors by people who had the privilege of influence, and whose numbers
were only as a trifle in comparison of the mass outside, Mr Patrick
Robertson, one of Burke's junior counsel, made a technical objection to
the reading of the indictment, which was overruled. A defence was then
lodged for Burke, and supported by the same counsel, on the ground that it
was contrary to the law of Scotland to combine in one libel so many
charges and two separate panels. The argument, which was a long one,
involving points of law and practice, was followed up by the Dean of
Faculty, and answered by the Lord Advocate, with this result, that the
judges, with the consent of the public prosecutor, agreed to limit the
charge to the case of Docherty, and thus limited, the proceedings went on.
The various witnesses, forming, however, a very small portion of the whole
fifty-five cited, appeared in succession to give their evidence. Every
word uttered by every one was caught by ears strung to the highest pitch
of sensibility; and throughout the entire day, the deep silence, more
like that of a death-chamber than a court, was as much the expression of
curiosity as of awe--reminding one, too, of the stillness of an audience
where the feelings are claimed by oppressed virtue with the encircling
meshes in which innocence is to be involved by death getting closer and
closer as the scenes succeed. The interest lay in the gradual development,
while the heart was affected by all the different passions which, changing
from pity for the victims to hatred of the murderers, were kept in
continual agitation. Over all, there was the oppressive awe inspired by
the presence of the fearful men and women, as if they had been demons of
monstrous forms and powers placed there under restraining bonds. At
several times,--and especially when Hare described the screigh of the
little old woman which preceded that ten minutes' agony in which she lay
under the pressure of Burke--Hare being all the while, according to his
lie, sitting coolly looking on,--you might have heard deep sighs escaping
from strong hearts, in spite of resolutions to restrain them. Even then
the grateful creature, who seemed to have trusted Burke alone, and
defended him in the preceding sham fight, was only "dead a wee," and the
process was to be resumed. But even this effect was transcended, if
Public-domain text, read in full here on John Shaqi.
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