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.
oppression in the preparation of the trial; observe the situation in
which the pannels were placed. Three murders were charged, with a
list of fifty-five witnesses; besides seven declarations, five by the
one, and two by the other. One set, it might be said, was against one
prisoner, and the other against the other; but it was impossible so to
separate, or to analyse the evidence as not to admit against the one
evidence which was calculated to affect the other; and by thus mixing
up and massing together the whole into an unnecessary accumulation of
crime, to come to the same conclusion in regard to both. Look to the
case of Helen M‘Dougal, and it will be seen the prejudice must operate
still more strongly against her. She is accused of only one crime, and
it is not said that she had any connection with the others. But this
charge of murder, committed in the latter end of October, is brought
to trial, combined with two others committed, one in April, six months
previously, and the other in the beginning of October. Where is this
to stop? If the Prosecutor is allowed to proceed in this way, may he
not on the same principle combine ten murders against ten prisoners,
accused of ten different offences, committed in as many different
counties? He submitted that there must be some limitation; and the
question was, whether the Court could sustain the present charge by
which one individual, accused of one offence, is mixed up with another,
accused of two, with which she is not alleged to have had any concern.
Imagine this case. At the end of the indictment, eight articles were
specified against Burke, and six more against Burke and M‘Dougal
conjointly. Take the first--the skirt of a gown--and suppose it proved
against Burke alone. It could not be adduced as evidence against Helen
M‘Dougal. But suppose it was traced into her possession, and that
a witness was called to prove that it belonged to Mary Paterson or
Mitchell. This would be conclusive as to M‘Dougal’s connection with
Burke. But it might be said that the Judge would tell the Jury to
strike this out of their notes. That was an easy operation; but could
they strike it out of their minds as easily as out of their notes? Then
in what circumstances would Helen M‘Dougal be placed? An article not
libelled against her would be checkmate to her defence. She would be
taken by surprise,--she would be thrown off her guard; and although the
gown had come fairly and honestly into her possession she could produce
no evidence to instruct the fact. He put this as an illustration. So
far as the female prisoner was concerned it would be fatal.
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