True Crime-Paranormal-Conspiracy Theories Stories Part V #Wattys2023

William Burke and William Hare Murders Part II

Trial

The trial began at 10:00 am on Christmas Eve 1828 before the High Court of Justiciary in Edinburgh's Parliament House. The case was heard by the Lord Justice-Clerk, David Boyle, supported by the Lords Meadowbank, Pitmilly and Mackenzie. The court was full shortly after the doors were opened at 9:00 am, and a large crowd gathered outside Parliament House; 300 constables were on duty to prevent disturbances, while infantry and cavalry were on standby as a further precaution.

McDougal and Burke

The Hares

The case ran through the day and night to the following morning; Rosner notes that even a formal postponement of the case for dinner could have raised questions about the validity of the trial. When the charges were read out, the two defence counsels objected to Burke and McDougal being tried together. James Moncreiff, Burke's defence lawyer, protested that his client was charged "with three unconnected murders, committed each at a different time, and at a different place" in a trial with another defendant "that is not even alleged to have had any concern with two of the offences of which he is accused". Several hours were spent on legal arguments about the objection. The judge decided that to ensure a fair trial, the indictment should be split into separate charges for the three murders. He gave Rae the choice as to which should be heard first; Rae opted for the murder of Docherty, given they had the corpse and the strongest evidence.

In the early afternoon Burke and McDougal pleaded not guilty to the murder of Docherty. The first witnesses were then called from a list of 55 that included Hare and Knox; not all the witnesses on the list were called and Knox, with three of his assistants, avoided being questioned in court. One of Knox's assistants, David Paterson—who had been the main person Burke and Hare had dealt with at Knox's surgery—was called and confirmed the pair had supplied the doctor with several corpses.

In the early evening Hare took the stand to give evidence. Under cross-examination about the murder of Docherty, Hare claimed Burke had been the sole murderer and McDougal had twice been involved by bringing Docherty back to the house after she had run out; Hare stated that he had assisted Burke in the delivery of the body to Knox. Although he was asked about other murders, he was not obliged to answer the questions, as the charge related only to the death of Docherty. After Hare's questioning, his wife entered the witness box, carrying their baby daughter who had developed whooping cough. Margaret used the child's coughing fits as a way to give herself thinking time for some of the questions, and told the court that she had a very poor memory and could not remember many of the events.

The final prosecution witnesses were the two doctors, Black and Christison; both said they suspected foul play, but that there was no forensic evidence to support the suggestion of murder. There were no witnesses called for the defence, although the pre-trial declarations by Burke and McDougal were read out in their place. The prosecution summed up their case, after which, at 3:00 am, Burke's defence lawyer began his final statement, which lasted for two hours; McDougal's defence lawyer began his address to the jury on his client's behalf at 5:00 am. Boyle then gave his summing up, directing the jury to accept the arguments of the prosecution. The jury retired to consider its verdict at 8:30 am on Christmas Day and returned fifty minutes later. It delivered a guilty verdict against Burke for the murder of Docherty; the same charge against McDougal they found not proven. As he passed the death sentence against Burke, Boyle told him:

Your body should be publicly dissected and anatomized. And I trust, that if it is ever customary to preserve skeletons, yours will be preserved, in order that posterity may keep in remembrance your atrocious crimes.

Aftermath, including execution and dissection

McDougal was released at the end of the trial and returned home. The following day she went to buy whisky and was confronted by a mob that was angry at the not proven verdict. She was taken to a police building in nearby Fountainbridge for her own protection, but after the mob laid siege to it she escaped through a back window to the main police station off Edinburgh's High Street. She tried to see Burke, but permission was refused; she left Edinburgh the next day, and there are no clear accounts of her later life. On 3 January 1829, on the advice of both Catholic priests and Presbyterian clergy, Burke made another confession. This was more detailed than the official one provided prior to his trial; he placed much of the blame for the murders on Hare.