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?
That speech was perhaps the best Sir William Rae had ever spoken; and it
was not without its delicacies and difficulties. He knew that if the
evidence of the Hares, which was, even on the face of it, a tissue of
lies, were disbelieved by the jury, he had no case; and he trembled under
the responsibility of satisfying an infuriated people, who, surrounding
the court-house with ominous faces, made themselves heard by shouts even
within the walls of the court. "I do not," he said, "present those
persons, Hare and his wife, to you as unexceptionable witnesses. Assuredly
they are great criminals; but the law has said that their testimony is
admissible, and thus pronounced it is not undeserving of all credit. It
is for you to judge of the degree of credit to which they are entitled.
You saw them examined, and will draw your own conclusions. I may be
prejudiced, but to me it did appear that, while the evidence of the wife
was in many points exceptionable, Hare himself spoke the truth.
Notwithstanding all the ability shewn in the cross-examination, I do not
remember one particular in which he was led to contradict himself, or
state what must be false. Doubtless there exist inconsistencies betwixt
his evidence and that of his wife; but these are not of a nature that
ought to induce you to withhold all credit from their testimony. Your
experience will tell you how difficult it is to find two individuals who,
however disposed to speak the truth, will concur in such particulars in
regard to an interview which occurred at the distance of two months. But
look to the situation in which these persons were placed. Look to the size
of the apartment in which all this occurred. Recollect that all present
were proved to have been nearly intoxicated at the time, and remember that
an act of foul murder was at the time committing. Is it possible that they
should not have been in a state of unusual excitement and alarm at the
time? And is it wonderful that their memories should have served them
differently in regard to such trifling particulars as those to which I
have alluded? If they had been at one in all these points, the only just
inference would have been that the story was entirely made up between
them, and their evidence, in consequence, not entitled to any credit. But
look to the main point of the case--the murder, and the mode in which it
was done. That was a fact sufficient to rivet attention, and render sober
any one, however inebriated. On this material point you find these
witnesses entirely concurring,--both describing the same mode of death,
and both describing a mode which corresponds completely with the
appearance of the body, and which, in the opinion of the medical men,
satisfactorily accounts for the death. That both Burke and Hare were
participant in the foul act, no one can doubt; and I need not state to you
that it matters not which was the principal aggressor in its execution.
They are both art-and-part guilty."
Public-domain text, read in full here on John Shaqi.
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