West Port Murders: Or an Authentic Account of the Atrocious Murders Committed by Burke and His Associates; Containing a Full Account of All the Extraordinary Circumstances Connected With Them. Also, a Report of the Trial of Burke and M'Dougal. With a Description of the Execution of Burke, His Confessions, and Memoirs of His Accomplices, Including the Proceedings Against Hare, &c.Anonymous
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West Port Murders: Or an Authentic Account of the Atrocious Murders Committed by Burke and His Associates; Containing a Full Account of All the Extraordinary Circumstances Connected With Them. Also, a Report of the Trial of Burke and M'Dougal. With a Description of the Execution of Burke, His Confessions, and Memoirs of His Accomplices, Including the Proceedings Against Hare, &c.
The pannel submits that he is not bound to plead to, or to be tried
upon a libel, which not only charges him with three unconnected
murders, committed each at a different time, and at a different place,
but also combines his trial with that of another pannel, who is not
even alleged to have had any concern with two of the offences of which
he is accused. Such an accumulation of offences and pannels is contrary
to the general and the better practice of the Court; it is inconsistent
with right principle, and indeed, so far as the pannel can discover,
is altogether unprecedented; it is totally unnecessary for the ends of
public justice, and greatly distracts and prejudices the accused in
their defence. It is therefore submitted that the libel is completely
vitiated by this accumulation, and cannot be maintained as containing
a proper criminal charge. On the merits of the case, the pannel has
only to state that he is not guilty, and that he rests his defence on a
denial of the facts set forth in the libel.
The defences for Helen M‘Dougal were next read as follows:
If it shall be decided that the prisoner is obliged to answer to
this indictment at all, her answer to it is, that she is not guilty,
and that the Prosecutor cannot prove the facts on which his charge
rests. But she humbly submits that she is not bound to plead to it.
She is accused of one murder committed in October 1828, in a house in
Portsburgh, and of no other offence. Yet she is placed in an indictment
along with a different person, who is accused of other two murders,
each of them committed at a different time, and at a different place,
it not being alleged that she had any connection with either of these
crimes. This accumulation of pannels and of offences is not necessary
for public justice, and exposes the accused to intolerable prejudice,
and is not warranted, so far as can be ascertained, even by a single
precedent.
Public-domain text, read in full here on John Shaqi.
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