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 LORD ADVOCATE replied at some length. After complimenting the
learned counsel who had just concluded, on the able manner in which
he had opened the objections submitted to the consideration of the
Court, he stated that he thought them ill-founded. His learned friend
mixed up two objections altogether different. His first objection was
to bringing two prisoners to trial in the same indictment, and his
second to charging three different crimes in that indictment. He would
deal very shortly with the first. The woman was charged as having
been concerned with the man in one of the three murders. And this was
sanctioned by the law of the land. He put her in the indictment that
she might _not_ be prejudiced. If she had been put into a separate
indictment, the public would have known the whole evidence before she
had been put upon her trial, and the prisoner would have had the best
possible reason to complain. This would have been the case had he first
brought the man to trial, and afterwards the woman, adducing against
her the same, or nearly the same evidence, which had previously been
adduced against the man. It was to obviate this, and to prevent her
from being prejudiced, that he had put her in the same indictment. “God
forbid,” said his Lordship, “that any person holding the situation I
do, should do any thing to prejudice a prisoner on his trial.” The
very contrary motive had guided him; but if he proceeded not against
the woman to-day, he would ten days hence, when she could not insist
on that which she now says will prejudice her. Nor, in a case of this
sort, would he be restrained from doing his duty to the country by any
consideration founded upon what were called the interests of science.
It was enough for him that a great crime had been committed; a crime
unheard of before in any civilized country: that the public mind had in
consequence become strongly agitated; and that the duty he owed to the
country left him no alternative. He was determined therefore to probe
and sift the whole matter to the bottom; nothing should deter him from
doing so; and he repeated, that if he was compelled to desert the diet
against this woman now, he would infallibly bring her to trial ten days
hence. Then she would find whether she had been prejudiced by the whole
evidence in this case having gone abroad to the world.
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