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
History
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.
LORD MEADOWBANK entirely concurred in the views of Lord Pitmilly.
The nature of this case and the impression it had produced upon the
public were such, that it required the most careful and anxious
consideration; but he was confident that the more thoroughly their
Lordships were convinced of the existing state of excitement in the
public mind concerning it, the greater would be their anxiety that the
prisoners suffered no prejudice on their trial or in their defence.
The question here was one of very great and general importance. But
if it had been entertained on the question of competency, it would
have shaken the whole system of our criminal procedure. Our practice
of accumulating a number of charges in the same indictment had been
steady and uniform. With respect to the earlier cases referred to,
particularly that in 1696, he must say that he could not for his
soul comprehend upon what grounds the counsel for the prisoner had
attempted to invalidate their authority. The particular case referred
to occurred _after_ the Revolution, when the Judges were as great and
eminent lawyers as ever sat in that Court. But in order to show the
uniformity of the practice, he needed not go farther back than the case
of Murdiston and Miller, where several acts, committed by different
individuals in different counties, were put into the same indictment;
yet not one iota of an objection was urged against the proceeding
similar to what they had heard to-day. Our own practice, in cases of
forgery, which was a capital crime, left no doubt upon the matter.
Several acts of this description of crime were constantly charged in
the same indictment.--In cases of robbery, it was not competent to
libel aggravation. The Prosecutor was not admitted to libel habit and
repute. That was now settled law. It had not been so formerly; and
accordingly, when he had the honour to fill the same situation, which
his learned friend (the Lord Advocate) now held, he had directed an
indictment to be raised to try the point,--and the law was now settled.
But it was competent to accumulate several acts in the same indictment,
and to have it tried by the same evidence and before the same Jury.
It was competent where there was several acts of robbery charged
against different individuals; and there was one case of a father and
a daughter, where the daughter was charged with two acts, and the
father with all the three libelled. He was therefore of opinion that
the Lord Advocate had done right in proceeding as he did. But the Court
had a discretion; and to that discretion the prisoners had appealed.
But having stated his opinion of that discretion, he deemed it right
to say, that the Court was not answerable for the consequences. The
prisoners had exercised _their_ discretion, and he warned them to
consider well the step they had taken. As to the Court they were bound
to sit there and try the cases one after another.
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