"3. And be it enacted, that it shall be lawful for the said secretary of state or chief secretary, as the case may be, to direct what district of town or country, or of both, and what places where anatomy is carried on, situate within such district, every such inspector shall be appointed to superintend, and in what manner every such inspector shall transact the duties of his office.

"4. And be it enacted, that every inspector to be appointed by virtue of this Act shall make a quarterly return to the said secretary of state or chief secretary, as the case may be, of every deceased person's body that during the preceding quarter has been removed for anatomical examination to every separate place in his district where anatomy is carried on distinguishing the s.e.x, and, as far as is known at the time, the name and age of each person whose body was so removed as aforesaid.

"5. And be it enacted, that it shall be lawful for every such inspector to visit and inspect at any time any place within his district, notice of which place has been given, as is hereinafter directed, that it is intended there to practise anatomy.

"6. And be it enacted, that it shall be lawful for his Majesty to grant to every such inspector such an annual salary not exceeding one hundred pounds for his trouble, and to allow such a sum of money for the expenses of his office as may appear reasonable, such salaries and allowances to be charged on the consolidated fund of the United Kingdom, and to be payable quarterly; and that an annual return of all such salaries and allowances shall be made to Parliament.

"7. And be it enacted, that it shall be lawful for any executor or other party having lawful possession of the body of any deceased person, and not being an undertaker or other party intrusted with the body for the purpose only of interment, to permit the body of such deceased person to undergo anatomical examination, unless, to the knowledge of such executor or other party, such person shall have expressed his desire, either in writing at any time during his life, or verbally in the presence of two or more witnesses during the illness whereof he died, that his body after death might not undergo such examination, or unless the surviving husband or wife, or any known relation of the deceased person, shall require the body to be interred without such examination.

"8. And be it enacted, that if any person, either in writing at any time during his life, or verbally in the presence of two or more witnesses during the illness whereof he died, shall direct that his body after death be examined anatomically, or shall nominate any party by this Act authorized to examine bodies anatomically to make such examination, and if, before the burial of the body of such person, such direction or nomination shall be made known to the party having lawful possession of the dead body, then such last mentioned party shall direct such examination to be made, and in case of any such nomination as aforesaid, shall request and permit any party so authorised and nominated as aforesaid to make such examination, unless the deceased person's surviving husband or wife, or nearest known relative, or any one or more of such person's nearest known relatives, being of kin in the same degree, shall require the body to be interred without such examination.

"9. Provided always, and be it enacted, that in no case shall the body of any person be removed for anatomical examination from any place where such person may have died until after forty-eight hours from the time of such person's decease, nor until twenty-four hours notice, to be reckoned from the time of such decease, to the inspector of the district, of the intended removal of the body, or if no such inspector have been appointed, to some physician, surgeon, or apothecary residing at or near the place of death, nor unless a certificate stating in what manner such person came by his death, shall previously to the removal of the body have been signed by the physician, surgeon, or apothecary who attended such person during the illness whereof he died, or if no such medical man attended such person during such illness, then by some physician, surgeon, or apothecary who shall be called in after the death of such person, to view his body, or who shall state the manner or cause of death according to the best of his knowledge and belief, but who shall not be concerned in examining the body after removal; and that in case of such removal such certificate shall be delivered, together with the body, to the party receiving the same for anatomical examination.

"10. And be it enacted, that it shall be lawful for any member or fellow of any college of physicians or surgeons, or any graduate or licentiate in medicine, or any person lawfully qualified to practice medicine in any part of the United Kingdom, or any professor, teacher, or student of anatomy, medicine, or surgery, having a license from his Majesty's princ.i.p.al secretary of state or chief secretary as aforesaid, to receive or possess for anatomical examination, or to examine anatomically, the body of any person deceased, if permitted or directed so to do by a party who had at the time of giving such permission or direction lawful possession of the body, and who had power, in pursuance of the provisions of this Act, to permit or cause the body to be so examined, and provided such certificates as aforesaid were delivered by such party together with the body.

"11. And be it enacted, that every party so receiving a body for anatomical examination after removal shall demand and receive, together with the body, a certificate as aforesaid, and shall, within twenty-four hours next after such removal, transmit to the inspector of the district such certificate, and also a return stating at what day and hour and from whom the body was received, the date and place of death, the s.e.x, and (as far as is known at the time) the christian and surname, age, and last place of abode of such person, or, if no such inspector have been appointed, to some physician, surgeon, or apothecary residing at or near the place to which the body is removed, and shall enter or cause to be entered the aforesaid particulars relating thereto, and a copy of the certificate be received therewith, in a book to be kept by him for that purpose, and shall produce such book whenever required so to do by any inspector so appointed as aforesaid.

"12. And be it enacted, that it shall not be lawful for any party to carry on or teach anatomy at any place, or at any place to receive or possess for anatomical examination, or examine anatomically, any deceased person's body after removal of the same, unless such party, or the owner or occupier of such place, or some party by this Act authorised to examine bodies anatomically, shall, at least one week before the first receipt or possession of a body for such purpose at such place, have given notice to the said secretary of state or chief secretary, as the case may be, of the place where it is intended to practise anatomy.

"13. Provided always, and be it enacted, that every such body so removed as aforesaid for the purpose of examination shall, before such removal, be placed in a decent coffin or sh.e.l.l, and be removed therein; and that the party removing the same, or causing the same to be removed as aforesaid, shall make provision that such body, after undergoing anatomical examination, be decently interred in consecrated ground, or in some public burial-ground in use for persons of that religious persuasion to which the person whose body was so removed belonged; and that a certificate of the interment of such body shall be transmitted to the inspector of the district within six weeks after the day on which such body was received as aforesaid.

"14. And be it enacted, that no member or fellow of any college of physicians or surgeons, nor any graduate or licentiate in medicine, nor any person lawfully qualified to practise medicine in any part of the United Kingdom, nor any professor, teacher, or student of anatomy, medicine, or surgery, having a license from his Majesty's princ.i.p.al secretary of state or chief secretary as aforesaid, shall be liable to any prosecution, penalty, forfeiture, or punishment for receiving or having in his possession for anatomical examination, or for examining anatomically, any dead human body, according to the provision of this Act.

"15. And be it enacted, that nothing in this Act contained shall be construed to extend to or to prohibit any post-mortem examination of any human body required or directed to be made by any competent legal authority.

"16. And whereas an Act was pa.s.sed in the ninth year of the reign of his late Majesty, for consolidating and amending the statutes in England relative to offences against the person, by which latter Act it is enacted, that the body of every person convicted of murder shall, after execution, either be dissected or hung in chains, as to the court which tried the offence shall seem meet, and that the sentence to be p.r.o.nounced by the court shall express that the body of the offender shall be dissected or hung in chains, whichever of the two the court shall order.

Be it enacted, that so much of the said last recited Act as authorises the court, if it shall see fit, to direct that the body of a person convicted of murder shall, after execution, be dissected, be and the same is hereby repealed; and that in every case of conviction of any prisoner for murder the court before which such prisoner shall have been tried shall direct such prisoner either to be hung in chains, or to be buried within the precincts of the prison in which such prisoner shall have been confined after conviction, as to such court shall seem meet; and that the sentence to be p.r.o.nounced by the court shall express that the body of such prisoner shall be hung in chains, or buried within the precincts of the prison, whichever of the two the court shall order.

"17. And be it enacted, that if any action or suit shall be commenced or brought against any person for anything done in pursuance of this Act, the same shall be commenced within six calendar months next after the cause of action accrued; and the defendant in every such action or suit may, at his election, plead the matter specially or the general issue Not Guilty, and give this Act and the special matter in evidence at any trial to be had thereupon.

"18. And be it enacted, that any person offending against the provisions of this Act in England or Ireland shall be deemed and taken to be guilty of a misdemeanour, and being duly convicted thereof, shall be punished by imprisonment for a term not exceeding three months, or by a fine not exceeding fifty pounds, at the discretion of the court before which he shall be tried; and any person offending against the provisions of this Act in Scotland shall, upon being duly convicted of such offence, be punished by imprisonment for a term not exceeding three months, or by a fine not exceeding fifty pounds, at the discretion of the court before which he shall be tried.

"19. And in order to remove doubts as to the meaning of certain words in this Act, be it enacted, that the words 'person and party' shall be respectively deemed to include any number of persons, or any society, whether by charter or otherwise; and that the meaning of the aforesaid words shall not be restricted, although the same may be subsequently referred to in the singular number and masculine gender only."

CHAPTER XLIII.

_Conclusion--Review of the Effects Produced by the Resurrectionist Movement--The Houses in Portsburgh--The Popular Idea of the Method of Burke and Hare--Origin of the Words "Burker" and "Burking."_

Such were the resurrectionist times in Scotland, and such the crimes committed by Burke and Hare, and their English imitators. Now-a-days it may seem strange that events like these were possible in a country professing a civilizing christianity, but no one with a knowledge of the depths to which humanity can descend will deny that even in our much boasted time, with all our social advancement, men could be found who would dare to put their consciences under the burden of such terrible iniquities, were the other circ.u.mstances and necessities still the same.

There was little wonder that the public sense of security was alarmed, that the heart of the nation was touched, at the shocking disclosures made at each successive trial, and at the daily actions of men who seemed to be safe from the law. We have seen how the people of Scotland felt under the constant robbing of their churchyards; how they were awe-struck at the mysterious disappearance from among them of some unfortunate, whose whereabouts was never found out; and how they rose in righteous anger when the mystery was cleared up in the High Court of Justiciary. The wonder, indeed, is that considering the reverential regard for the dead which has always characterised them, that they bore the terrible pillage of their Golgothas so long; and that when the end came they did not work more mischief than they did. But the times, hard as they were at the best, and suffering under such a shocking blemish, were productive of real and lasting good to the nation, socially, scientifically, and even spiritually.

For a long time after the execution of Burke and the flight of his accomplices, the houses in Wester Portsburgh were objects of horror and detestation; and having acquired a ghastly interest from the horrible crimes of which they were the scene, were among the best visited places in Edinburgh, until at last they were knocked down as eyesores to the community, and as perpetuating a series of crimes which were too deeply impressed on human memory to be easily forgotten. But the tradition clung long to the district, and even to this day the locality is pointed out to the stranger as being notable. The interest taken in these buildings and their internal arrangement was so great, that paintings of them on canvas were taken through the country, and shown at village fairs and markets.

But an annoying and reprehensible practice arose out of the actions of Burke and Hare, which while certainly not so serious, was not without its dangerous element. This was a habit which many young men dropped into of attempting to put pieces of sticking-plaster over the mouths of unsuspicious pa.s.sengers on the streets. Most commonly this prank was played upon girls, many of whom were almost out of their wits, and who would not venture out of the door at nights. This practice obtained not only in Edinburgh but also in Glasgow and the other large towns in Scotland, and though examples were made by the miscreants being apprehended and punished by the police magistrates, it became after a time such an intolerable nuisance, that the strictest measures had to be taken for its repression. One case of this kind in Glasgow created an extraordinary commotion. A servant girl was attacked in the street, and a sticking-plaster of so strong an adhesive nature was placed over her mouth that it could not be removed without taking a great portion of the skin of her face with it. There was little wonder that the _Glasgow Chronicle_, in a comment on the occurrence, said that the "wretches who can behave thus at any time, and more especially in the present state of public feeling, are a disgrace to society." But it is curious to note how this silly imitation of the method of Burke and Hare came to be regarded as the actual mode in which these men had performed their manifold murders. The fact that so many terrible crimes had been committed by them kept a firm hold on the mind of the people, but, gradually, the method, which had been made so public through the medium of the newspapers, was forgotten, and the impression as gradually gained ground that slipping up to their intended victims on the streets, Burke and his accomplice gave them their quietus by skilfully placing a piece of sticking-plaster over their mouths. Of course the preceding narrative, and the confessions of the condemned criminal, show that it was far otherwise, but the impression, amounting latterly to an absolute belief, became so fixed that even yet it still holds sway, though certainly in a less degree now than a generation ago.

Allusion has already been made to the remarkably strong hold the whole plot took upon the minds of the Scottish people, and to the fact that it has exercised an influence on the inner life of the Scottish mind down to the present. This is generally acknowledged, but perhaps a better idea of the original character of the impression made by the discoveries of 1829 may be gained when the great events and movements going on all around at and after the time are taken into consideration. In the year 1829 the country was agitated not only by stirring news from the Continent, where armies were marching to and fro, and there was a tendency to a general European conflagration, but also by the Catholic Emanc.i.p.ation movement, and parliamentary reform. Every one knows the interest the people of Scotland took in these matters, and especially in the Reform Bill, and how many suffered on the scaffold for over boldness in the struggle. These were events that might have absorbed all the attention the people could spare from their daily toil for the sustenance of life; but yet the Burke and Hare tragedies were always to be heard repeated by some fireside, and the tales of the resurrectionists were rehea.r.s.ed to willing listeners.

Such great events affected the rights of the people as citizens of the empire, as freemen in the state; but the violation of churchyards, the murder of poor human beings for the sale of their bodies, touched the heart, it related to the home-life of the man, independent of his citizenship. It was the same with the other great political movements of the early half of the century. The stories went from mouth to mouth, from father to son, from nurse to child, and the horrid memory of the foulest series of murders on the criminal calendar of Scotland was kept fresh, young minds grew up in fear of a terrible unknown something of which the preceding generation had had a full realization, a something which happily was impossible, but which exercised a baneful and dwarfing influence all the same. The old bogles of superst.i.tious times were thrown aside, the stern realities of human criminality were used in their stead. Many still remember their youthful impressions and shudder. It is well that these influences are losing their power, but it would be unfortunate if the lessons taught by these awful times were forgotten by the country.

Happily, however, the resurrectionist times were not without their good elements as well as their bad. Had such events not taken place two things would have been evident--first, that up to that time anatomical study and research had made little progress; and second, that the study would have continued in a state of stagnation under restrictions discreditable to the country and its rulers. But quite another state of matters existed and do exist. The scientific ardour which from an early period of its history had characterised the medical faculty in Scotland, and particularly in Edinburgh, may be said to have created the necessity for resurrectionists or body-s.n.a.t.c.hers, and the fact that the research so needful to the happiness and comfort of humanity was being conducted under such unfortunate auspices, and debasing restrictions, gradually awoke the community to a sense of what they owed to themselves and to those whose ultimate object was the general good. The churchyards were being robbed of their silent tenants, the poor were being surrept.i.tiously bribed to part with the bodies of their dead relatives, and even the streets were being laid under contribution for their living wanderers. The exigencies of science had created a necessary evil; the natural and even justifiable prejudices of the nation, outraged and grieved, were against the seeking of a remedy. But the evil became so great, its worst and latest development was so shocking, that some steps had to be taken, even at the expense of human sentiment, to put matters on a right and proper footing.

Men could not live without doctors who were thoroughly trained and experienced in all the intricacies and mysteries of the human frame; these doctors could not gain their experience without "subjects," and "subjects" they must have by some means or other. Not, certainly, that the profession approved of murder to obtain their ends, but the result showed that the men upon whom the profession mainly depended had resorted to that terrible act to supply their patrons. The only feasible course open, therefore, was that made lawful by the Anatomy Act of 1832, which put upon a legal basis the purchase of bodies from relatives under certain wise and not too irksome conditions. It has been seen that notwithstanding the unhappy state of matters then existing, and the terrible scourge under which the country had so long suffered, there was a strong feeling against the pa.s.sage of that measure; but on the other hand an interesting testimony was given in its favour when many of the highest in the land, amongst them the Duke of Suss.e.x, the youngest son of King George III., and uncle of Queen Victoria, gave directions that if necessary their bodies should after death be anatomised. The science of anatomy, therefore, for the first time in its existence, made rapid progress, the art of healing and alleviating disease became more perfect, and although there is much still to be desired, research is unfettered, and the possibility of discoveries valuable to humanity are increased. It is curious, however, that in the last few years of these baneful restrictions, extraordinary results accrued from the researches of anatomists, and, strange though it may seem, the science was really put upon a scientific basis it had never occupied before.

But there was still another effect of the resurrectionist movement, and that was that it had a widening tendency on the religious beliefs of the people. The old idea is well expressed in the ballad written in 1711, and quoted in an early chapter in this volume, when the unknown author says:--

"Methink I hear the latter trumpet sound, When emptie graves into this place is found, Of young and old, which is most strange to me, What kind of resurrection this should be."

The people preferred to think of a resurrection which would in one respect and to a certain extent be comprehensible to them. They thought they could understand the dead rising from the grave if their bodies were placed intact in the sepulchre, but they deemed that a body dissected and cut into pieces, probably portions buried in different places, was unlikely to be under the influence of the last call. In this they distrusted G.o.d in the belief of a doctrine which above all required a distinct act of faith in His almighty power. Their ideas, however, were widened, and they came to see that if it were possible for the Great Father of the human race to wake the dead on the judgment day when their dust lay peacefully beside the village church, it was also possible for Him to call them to Him though their particles lay far apart.

There is one other point which must not be omitted in a work of this kind.

The transactions in the West Port of Edinburgh, in 1828, gave new words with a peculiar significance to the English language. A "burker" was unknown before the crimes of William Burke were made public; "burking" was an undiscovered art until he discovered it. This in itself is another testimony to the effect the crimes chronicled in this book had upon the minds of the men and women of the period. Many other words similarly derived have had a brief popularity, and dropped into oblivion, to be only hunted up by the philological antiquary, but these have retained their significance, and, by their apt.i.tude to many actions in all phases of life, have attained to a cla.s.sical position in the language to which their usefulness, rather than their origin, ent.i.tle them.

[Ill.u.s.tration: MRS. HARE AND CHILD (From a Sketch taken in Court)]

APPENDIX

APPENDIX.

THE CASE AGAINST TORRENCE AND WALDIE.

At page twenty-four _ante_ a brief note is given of the case against Torrence and Waldie for the murder of a boy for the purpose of disposing of his body to the surgeons. The account there given is founded upon a brief jotting in the _Edinburgh Evening Courant_, and, as the case is one of considerable interest, the following more lengthy record is taken from the _Scots Magazine_ for 1752:--

"Helen Torrence, residenter, and Jean Waldie, wife of a stabler's servant in Edinburgh, were tried, at the instance of the King's Advocate, before the Court of Justiciary, for stealing and murdering John Dallas, a boy of about eight or nine years of age, son of John Dallas, chairman in Edinburgh. The indictment bears, that in November last the pannels frequently promised two or three surgeon-apprentices to procure them a subject; that they pretended that they were to sit up with a dead child, and after the coffining, slip something else into the coffin, and secrete the body; but said afterwards that they were disappointed in this, the parent refusing to consent; that on the 3rd of December, Janet Johnston, mother to the deceased, having come to Torrence's house, was desired by her to sit down; that Waldie, who was then with Torrence, soon left them, on pretence of being ill with the colic, and went up stairs to her own house, which was immediately above that of Torrence; that thereafter, on hearing a knock upon the floor above, Torrence went up stairs to Waldie, staid a short while with her, then returned to Janet Johnstone, and invited her to drink a pint of ale in a neighbouring house, which invitation she accepted of; that after they had drunk one pint of ale, Torrence offered another; that this second pint being brought in, Torrence went out of the ale-house; that then both or either of the pannels went to the house of the above-mentioned John Dallas, chairman, stole away the poor innocent boy in the absence of its parents, and murdered it; that Waldie immediately after went and informed the surgeon apprentices that Torrence and she had now found a subject, desiring them to carry it instantly away; that on this the apprentices came to Waldie's house, and found the dead body stretched on a chest; that having asked what they should give for the subject? would not two shillings be enough? Both pannels declared they had been at more expense about it than that sum; but that upon their giving Torrence tenpence to buy a dram, she and Waldie accepted of the two shillings in part payment; that, at the desire of the apprentices, Torrence carried the body in her ap.r.o.n to one of their rooms, for which she received sixpence more; and that when the pannels were apprehended, some of the facts were confessed by them, by Torrence before one of the Bailies of Edinburgh, and by Waldie before the Lord Provost; Waldie in particular, having confessed that Torrence told her, that should this boy die, he would be a good one for the doctors; that, at Torrence's desire, she frequently went to see how the boy was; that thereafter, Torrence having asked her how he was? and she having answered, that he continued much in the same way, Torrence replied that it would be better to take him away alive, for he would be dead before he could be brought to her house; that accordingly, after the boy's mother had seen Waldie upstairs to her own house, 3rd December, Torrence came and told her that she and the mother were then drinking a pint of ale, and that it would be a proper time for Waldie to go for the boy; that Waldie accordingly went, found the boy looking over a window, took him up in her arms, and carried him directly to her own house, whither she was immediately followed by Torrence; that, before Torrence came in, Waldie had given the boy a drink of ale, but it would scarce go over, and he died six minutes thereafter; and that Waldie, at Torrence's desire, went for the surgeons, and sold the dead body to them, as above. On missing their child, the parents made inquiry for him. In about four days, the body was found in a place of the town little frequented, but with evident marks of having been in the surgeons' hands. The parents were thereupon taken up, and likewise the pannels. The pannels were examined, the parents set at liberty, and the pannels kept in prison. Their trial came off on the 3rd February. After debates, the Lords found the libel relevant to infer the pains of law. A proof was taken on the same day. Among the witnesses were the boy's parents, and the surgeons' apprentices. Next day the jury returned the following verdict:--'Found, that the pannels are both guilty, art and part, of stealing John Dallas, a living child, and son of John Dallas, chairman in Edinburgh, from his father's house, at the time and in the manner libelled; and of carrying him to the house of Jean Waldie, one of the pannels; and soon thereafter, on the evening of the day libelled, of selling and delivering his body, then dead, to some surgeons and students of physic.' Counsel were heard on the import of this verdict on the sixth, when all defences were over-ruled. Both pannels were sentenced to be hanged in the Gra.s.smarket of Edinburgh, on the 18th March. They were executed accordingly. Waldie, in her last speech, says, that Torrence prevailed on her, when much intoxicated, to go and carry the child alive from its mother's house; that she carried it in her gown-tail to her own house; that when she arrived at home, she found the child was dead, having, as she believed, been smothered in her coats in carrying it off; that it really died in her hands; that she acknowledges her sentence to be just. Torrence declines saying anything about the crime."

On page 152 of MacLaurin's _Remarkable Cases_, under date February 3, 1752, there is a short account of the pleadings at the trial. The following is a note of the matter contained there, with the exception of the finding of the jury, which has already been given:--

_His Majesty's Advocate against Helen Torrence and Jean Waldie._

"They were indicted for stealing and murdering John Dallas, a boy about eight or nine years of age, son of John Dallas, chairman, in Edinburgh, on the 3rd December, 1751.

"The counsel for the prisoners represented, that however the actual murder might be relevant to infer the pains of death, yet the stealing of the child could only infer an arbitrary punishment. And as to the selling of the dead body, it was no crime at all.

"_Ans._--Though the stealing the child when alive, when disjoined from the selling of it when dead, might not go so far; yet, when taken together, they were undoubtedly relevant to infer a capital punishment.

"The court p.r.o.nounced the usual interlocutor."

AN INTERVIEW WITH BURKE IN PRISON.