The Sun. — London, England, 1828-12-27 00:00:00

• ERS. D Wester Portsburgh, in or near Edinburgh, which 'runs from the Grassmarket of Edinburgh to Main Point, in or near Edinburgh, and on the north side of the said street, and having an access thereto by a tranc e or passage, entering from the street last above libelled, and having also an entrance from a court or back court on the north thereof, the name of which is to the prosecutor unknown, you the said William Burke and Helen M`Dougal, did both and each, or one or ether of you, wickedly and feloniously place or lay your bodies or persons, or part thereof, or the body or person, or part thereof, of one or other of you, (mot or upon the person or body and face of Madgy or Margery, or Mary M`Gonegal, or Duffle, 0 1' Campbell, or Docherty, then or lately residing in the house of Roderick Stewart or Stuart, then and how or lately labourer, and then and now or lately residing in the Pleasance, in or near Edinburgh; when she, the said Madgy or Margery, or Mary M'Gonegal, or Duffle, or Campbell, or Docherty, Was lying on the ground, and did, by the pressure thereof, and by covering her mouth and the rest of het face with your bodies or persons, er with the body or person of one or other of you, and by grasp ing her by the throat, and keeping her mouth and nostrils shut, with your hands; and thereby, or in som e other way to the prosecutor unknown, prevent ing her from breathing, suffocate or strangle her ; and the said . Madgy or Margery, er MaryM'Gonegal, or Duffie, or Campbell, or Docherty, was thus, by th e said means, or part thereof, or by some other means or violence, the particulars of which are to the pro secutor unknown, wickedly bereaved of life, and murdered by you the said William Burke, and you the said Helen M‘Dougal, or one or other of you; nsiderebld and thus you, both and each, or one or other of you, atare, It° did, with the wicked aforethought intent of dispos ierous ' 4 IK of or selling the body of the said Madgy or Mar -3 differs' gery, or Mary M'Gonegal, or Duffie, or Campbell, rho mo' or Docherty, when so murdered, to a physician or IVriterst. Surgeon, or to same person in the employment of a and t sot Physician or surgeon, as a subject for dissection, or became s t with some other wicked and felonious intent or pur ve to the prosecutor unknown : And you the said 1441 i i l t l , ia E m s Burke, having been taken before George t be ' Esq. Sheriff Substitute of the shire of Edin test 7 40 • burgh, you did in his presence, at Edinburgh, emit ni n' and subscribe five several declarations of the dates a m an .-A eed st re spect i vely following, viz.:—The 3d, 10th, 19th, and 29th days of November, and 4th day of Decem ,>,r feaxcpere; ber, 1828 : And you, the said Helen M ` Dougal, :n. 19' havin g been taken before the said Sheriff Substitute, good dr‘' You did in his presence, at Edinburgh, emit two se ti a round venal declarations, one upon the 3d and another so upon the 10th:days of November, 1828, which de hair spy d urat i ons were each of them respectively subscribed u s r s , en c° lo s in Your presence by the said Sheriff Substitute, the jo t You havin g declared you could not write : which de clarations being to be used in evidence against each use to o' B ' called is of you by whom the same were respectively emitted ; as also the skirt of a gown ; as also a petticoat ; as cious also a brass snuff-box, and a snuff-spoon, a black t the Coat, a black waistcoat, a pair of moleskin trousers, Llisonerand a c otton h an dk erc hi ef or nec k cloth, to all of ire ma d i e t ' , which sealed labels are now attached, bein g t o b e so. e vidence in evidence against you the said William i t t ur o es f _or Burke ; as a l so a coarse li nen s h eet, a coarse pillow ease,la dark pri n t e d c otto n gown, a r e d- s t r ip e d cot dresFoeg• ton bed-gown, to which a sealed label is now at -01114 t t utbed , ; as also a wooden box;' as also a plan en itled Plan of Houses in 'Wester Portsburgh and her Peer places adjacent," and bearing to be dated Edin ', coo , • buh, 20th November, 1828, and to be signed by d mi lt je j a' dames Braidwood, 22, Society, being all to be used deg n ra te u red in evidence against both and each of you, the said p i d a tte William Burke and H e l en M'D ouga l, at your trial, ° will for th a t purpose b e i n due t i me lodged in the the Pr hands of the Clerk of the High Court of Justiciary, before which you are about to bs tried, that you may have an opportunity of seeing the same. All which, or part thereof, being found proven by the verdict of an Assize, or admitted by the respective judicial confessions of you the said William Burke and Helen M`Dougal,&c. you ought to be punished with the pains of law, to deter others from corn 'hitting the like crimes in all time coming. D rIAN OP FACULTY—We have given in separate defences, which may as well be now read, beginning With the defences for the male prisoner. The defences for. Burke and Helen M`Dougal were then read, and supported at some length by Mr. Robertson, k p a s •1. ric who was replied to by the Lord Advocat e; after which, Their Lordsips delivered their opinions consecu tively, the substance of which was, that upon the Principle they repelled the objections and sustained th e charges as laid, but in respect of the statement made on the part of the prisoners, that putting them Upon their trial on all the three charges at once would prejudice their defence, the Court, in the ex ercise of the discretion which had been appealed to, ordained the Public Prosecutor to go to trial upon th e charges seriatim, and to make his e l ec tion as to which of th e three he was to commence with. His Lordship had previously intimated an inten tion to desert the diet, pro loco et tempura, against Helen M`Dougal; but on this decision of the Court being announced, he stated his determination to pro ceed with the last charge in the indictment, namely, that for the murder of the woman Campbell, or Duffie, or Docherty, which applied equally to both prisoners, and the trial on this charge proceeded ac cordingly. The LORD JUSTICE-CLERK now asked the pri soners if they were guilty or not guilty of the third charge? when they both answered "Not Guilty." The first witness called was Mr. Braidwood, of the Fire Establishment, who identified a plan drawn by him of some houses in West Port, the residence of Burke, and scene of the alleged murder. Mary Stewart, remembers a young man of the name of Michael Campbell coining to her house just after the harvest. Remained there for about two months, when he left it, on the Monday before the fast day. A woman came afterwards to her house inquiring after him, who said she was his mother. She called herself Mrs. Campbell or Madgy Campbell, and also Duffy, which was the name of her former husband. She said she had come from Glasgow. She had come to her house when she was confined in the Infirmary, and only stopped in her house one (lay after witness came out of the Infirmary. She said she was going to see after her son. Knows Charles 111`Lachlan, who was lodging with witness along with the young man Campbell. He and Mrs. Campbell went out of her room together. Did not see Mrs. C. again till she saw her body in the Police-office. Thought it was between seven and eight in the morning of Friday, when they went from her house. It was Oil the Sabbath following witness saw the body in the Po lice-office. Knew it to he Mrs. Campbell's body. When she left her house she had on a black bombazet petticoat and red striped short gown, an old printed dark gown, much patched, short sleeves, and open , before. These articles were shewn to witness, and she identified the gowns. She was a little broad set woman, and appeared to be between forty and fifty years of age. Was in good health when she left witness. • William ; Noble, shop-boy in Mr. Rymer's, grocer in Portsburgh,lenews the prisoner Burke by sight. Has seen ham about the shop. Knows a man of the name of. Hare also. Recollects a body being found in the West Port. Before that a woman same into 'the shop seeking charity. It was on Friday the: 31st • October, about nine o'clock. Burke was in the shop at the time. She was a little middle aged woman. Burke asked her name, and she said it was Docherty; when he replied she was some relation of his mother's. Does not recollect if they appeared to be acquainted; but Burke took her away with him, and said he would give her her breakfast. Witness saw Burke that forenoon again in the shop. Be came back on the Saturday and bought a box. It was between five and six in the evening. It was an old tea-box, like the one shown • him in Court. Their tea-boxes have no particular marks. He did not pay for the box, and it is not paid for yet. He sent Mr. Hare for it, who got it away- It was about half an hour after Burke bad left the shop: . • Ann Bleat Of Conaway, lives in Wester Ports- GUI. D 0414 raday.) ;ow lif nay aIOI. liam J 3 yodel 7 full etl9/ ervable rial (Orr all sorte r as to t f o f course ould eft le intore: le come . , xciteuler . 08R see, • i magier fire, like' hich thq , red or lir forward' . emotioe: less jo, unhapP awful d' ed for esi past te► , ho Lora [owhank, burgh. Her house is one room. Goes down a stair to it. At the foot of tt e et it there is a passage. Her house is on the right in going in. lt is the first door. There is another door on the s ame s id e of the passage, a little farther in. It leads into other passage, at the end of which there is another door, leading to a room. In the last week of October Burke occupied that room. The other prisoner lived with him there. There is a house on the left hand of the first passage, in which Mrs. Law resided. It is nearly opposite to witness's room. Knows Hare and his wife. There was a man named Grey and his wife stopped there a few days with Burke, in in the last week of October. Saw Burke on Friday the 31st of October; on Hallowe'en night. Saw him go past with a woman sometime in the Middle of the day. She thinks about one or two o'clock. Witness was then sitting at her own fire, and her door open. It was not the prisoner Macdougal. They were going into Burke's. The woman was a stranger to witness. Mrs. Law was in witness's house at the time. \Vas in Burke's in the afternoon, and saw the woman who had passed with him sit ting at the fire, and knew her again. She was tak ing porridge and milk at the time. She had a short gown and mutch off her, and they said they had been washing them for her. Had a napkin in place of mutchion, but does not know if she had any thing else but her shift on. Spoke to Burke's wife (Macdougal), and asked if they had got a stranger, who said, yes; it was a Highland woman, and a friend of her husband's. Did not hear the strange woman speak. When witness went back to her house, in the darkening, Burke's wife came and asked her to take care of her door till she returned, as she was going out. After she went away, wit ness's husband said he thought some one was going into Burke's house. Took a light and went in, but found nobody there but the stranger, who rose and followed out after her. She was something the worse of drink at the time. Said she going to St. Mary's Wynd to see a boy who had promised to get some word to her about her son, whom she was seeking. She asked the name of the land of houses, that she might return, as she had no money to pay for her bed. Witness told her she would not get her way back again, and she did not go. She said Burke, whom she called Docherty, had promised her supper and bed that night. She then went into wit ness's house, and spoke a good while with her . hus band about Ireland, and the army, in which he had been. Did not ask how Burke and her had met together, but she said sty intended to stop for a fortnight. Witness always told her it was Burke was the name of her landlord, but she insisted it was Docherty, and that that was the name he had given himself to her. She called herself Docherty to her own name, and Campbell as her husband's. Hare and his wife came into witness's house before Campbell left it. Hare's wife had a bottle with her, and he insisted• they should have a dram. The prisoner M'Dougall came in also and had a share. Knows the stranger got some drink. Hare was dancing on the floor; and so were Mrs. CaMpbell and Mrs. Burke.— Campbell was barefooted, and got a scratch on the foot with the nails in hare's shoes, of which she complained, but was otherwise well. Mrs. Camp bell remained a long time in witness's after the others went away, and said she would not go till Docherty, meaning Burke, came for her. Insisted on her going away; but she bade her not be cruel to a stranger. She did not go till she saw Burke going past to his own house. Witness said there was Docherty now, and she rose and followed.— Thinks it was between ten and eleven at night. She went towards Burke'a house. Witness did not sleep any in consequence of a disturhance in Burke's house. It began shortly after Campbell left witness's !mime. Hare and Burke appeared to be fighting. Got up between three and four, but . went to bed again. Got up altogether about eight o'clock. Heard Hare's voice in the passage calling on Mrs. Law, who was then in witness's house. She did not en surer. A girl afterwards came inquiring for John, who she understood was Burke.. It was be tween eight and nine. Witness directed her to Burke's. Saw M`Dougal - shortly aterwards, and told her William (Burke) was wanting her. Went to Burke's, and found Mrs. Law, M'Dougall, and a person named Brogan, besides himself. Burke had a bottle of spirits, and gave witness a glass. He then threw the spirits up towards the roof of the house, and upon a bed at Isis back. Asked him why he wasted it, when he laughed and said he wanted to get another bottle. Asked 111‘Dougall what was become of the old woman. She said she had seen Burke and her too friendly together and had kicked her out of the house; and asked witness if she had heard her. Burke made no remark about her at the time, but asked witness if she bad heard the dispute between him and flare. He said it was just a fit of drink, but they were friends enough now. They were all quiet when witness rose first, to make her husband's breakfast, between three and four. When she was in Burke's in the morning, his wife sung a song. Saw straw about the bed, which had lain there almost all summer. It would be afternoon when witness left Burke's. She returned again in the afternoon, when Mrs. Grey came for her; it was before dark; she got a dram and came away; Burke, Brogan, and M'Dougal were there at the time; on Saturday n;ght, about eight o'clock, Gray's wife told her of something in Burke's house, and she went with her to see; she saw nothing about the straw, but was so frightened that she turned back again; before this M`Dougal came to witness, and said the woman, Gray, had stolen things out of her house, and asked her to watch her door, as it did not lock; this was about six o'clock ; while making her husband's supper, Hare same to her door, on Saturday night; he was got/1g to Burke's, but she told him there was nobody there, and he came into her house, but went back into the passage ; witness afterwards went to Burke's door, and found it fastened; Hare came out of Burke's - after that; saw Burke a good bit on in the night; her husband told them there was a noise about him murdering a woman ; Mrs. Burke jaughed, and he said he did not regard all Scotland, as he had never any misbehaviour; M‘Dongal said no one could impeach them with anything that was wrong. The police came just after that, and apprehended Burke. David Paterson, keeper of 1)r. Knox's' museum, lives in 26, West Port. Knows Burke by sight. Went home about 12 on Friday, the 3l st of October. Found Burke at his door, knocking, who said he wished to see witness at his house. Went with him, and found men and women there. Saw two men, one besides Burke; but there might be more. Saw two women there. Burke told witness that he had procured something for . the Doctor, pointing to a corner either at the head or foot of the bed, where there was some straw. The other persons might have heard it; he does not know. Burke spoke in an under voice, but not in a whisper. There was no observation made by any of the other persons. No thing was shown to witness at that time. Under stood Burke meant a dead body, but saw none. His words were that he had procured something, or that there was something for the Doctor, to morrow. A body might hare been 'concealed under the straw. M'Dougal, at the . bar, was one of the women. Hare and his wife are the other per sons that were in Burke's. Had no further conver sation with Burke that night. Next morning sent his sister for Burke, who came about nine o'clock, alone. Witness then told him if he had any thing to give to Dr. Knox to take it to himself person ally. He meant if he had any subject for the Doc tor.—Burke promised to do it and went away. He saw Burke and Hare on Saturday forenoon stand ing in one of Dr. Knox's rooms in Surgeon's square, along with Dr. Jones, one of Dr. K.'s as sistants. This was between twelve and two. Either Burke or Hare told Dr. K. that they had a dead body, which they would deliver there that night, and be was ordered by Dr. K. to be in the way, and receive any package they might bring. Witness was at the proper place about seven o'clock, when Burke and Hare and a porter, came with a pack age. Has seen the porter to-day. It was an old tea-box they brought such as the one now shown him. They carried it to a cellar; Mr. Jones was present, and after it was locked into the cellar, he and witness went' to Newington and told Dr. Knox that it had been brought. Berke, Hare, and the porter, had either gone before or followed. When witness came out of the Doctor's house he found them there. Dr. Knox gave witness five pounds to give them, with orders to divide it between them; and in erder to do so, witness took them to a public house, got change, and divided the money, when each took his share, and gave something' to the por ter. It was understood they were to return on Monday, by which time Dr. K. would have seen the subject, and they would get the remainder of the price, which ' witness believes is generally eight pounds. Saw no women along with the men at that time, nor afterwards. Next morning, Lieutenant Paterson and Sergeant Fisher of the Police called at witness's house, and he went to Dr. Knox's. cellar along with them, and gave them the package which had been left the night before. It was then still roped, as it had been received. It was then opened, and found to contain the body of an elderly female, apparently fresh and never interred. The bOdy was doubled up in the box—all the extremities doubled on the chest or thorax; the head pressed upon the breast, seemingly pressed down for want of room in the box. The body was taken out of the box. Examined all the body externally stretched upon a table. The face had a very livid colour; and blood flowing from the mouth. The appearance indicated strangulation, or suffocation from pressure. Found no external marks on the body that might be supposed to have caused death. Cross-examined--Has seen the man Hare before ; knows. that Dr. Knox had dealings with him before for procuring subjects. Had dealings also with Burke. He and Hare seemed to act jointly. It is frequent that such subjects are brought to lecturers on anatomy, both by the parties mentioned and by others. has known gentlemen attending Dr. Kuox's lectures, who have attended sick persons, and afterwards given a direction to the house of the patient, after decease, which has been given to those men who furnish subjects. Knew one case where he got such a direction from Dr. KnoX, and deli vered it to the dealers; but in this case the subject was not brought to Dr.-Knox's lecture-room. By the Count —When he was in Burke's house, the whole of the inmates were intoxicated, although they could stand and speak, and seemed to know what they were about. Ann Dougal or Gray knows the prisoners. Wit hers and her husband lodged five nights in their house in the end of October. Saw a stranger woman there on the last Friday of October. She had on a dark sort of gown, anti a red striped bed gown under it. (Identified them.) She called herself Docherty. Was in the house with her till near dark on Friday. Burke said he had met her in a shop, and brought her in about nine o'clock in the morning. Burke put witness and her hus band out, because he said they quarrelled. Returned to Burke's about nine o'clock, for some of her child's clothes; and fointd the old woman singing, and Mrs. Burke and Mrs. Hare dancing. Burke and Hare were drinking. Witness left Docherty there. Witness and husband went and got breakfast in Burke's about nine o'clock. Asked Mrs. Burke where the old woman was, who said she was too impudent, and she had turned her out. The old woman . was the worse of liquor the night before. Witness and her husband were afterwards left in the house with Mrs. Burke, who was on the bed. In the darkening witness discovered a dead b6dy in the house, under the straw at the foot of the - bed. Witness looked on purpose, as she was afraid, from their proceedings that there was something wrong, and the first thing she could get hold 'off was the old woman Docherty'a right arm. There was then no clothes on the body. Her ,husband lifted the head and they saw that the face was a little over with blood, about the mouth and one side of the head. Did not observe any wound about the body. It was lying on the right side. Witness flung the shawl upon it. •Her husband and she left the house, and met Mrs. Burke on the stair, when her hus band told her about the body; and asked about it. She told him to hold his tongue and she could give him two or three shillings—and if he would be quiet he would be worth ten pounds a-week. Witness turned back with Mrs. Burke, when she told her it was the old woman's body, who was well last night singing on the floor; and she was dead to-night. She bade her hold her tongue . again, and she would give her five or six shillings ; and repeated again, if her husband would be quiet it might be worth ten pounds a week. Witness re plied, God forbid that she should be worth it in that way with dead people. Witness's husband gave information to the police. Witness saw the body again in the police-office. Cross-examined—When witness spoke to M'Don. gal about the body, she said—" My God ! how could I help it." She used the same words upon the stair. James Gray, labourer, husband of the foregoing witness, .corroborated the chief parts of her testi mony. Was present when his wife found blie dead body, and he knew it to be that of the old woman Docherty. Described the conversation on the stair. Mrs. Burke fell on her knees and implored that he would not. inform of what he had seen ; said she would give him some shillings to put him over till ?'Monday, aad there was never a week after that but he might be worth ten pounds. He said his con science would not let him do it. John M'Culloch, porter—On the Ist of Novem ber, at six in the evening, Burke came for witness to come and carry something for him. D:d not say what it was. Followed him to West Port, to his own house, and got a box. Burke went into his house, and took some straw off a sheet, end put the sheet in a box, and packed it. The sheet was not empty, it had something in it of the shape of a body. In short, lie had no doubt it was a body. Felt something like hair when he was going to lift the box. 'Witness put the hair into the box. (Wit ness was here warned to tell the truth.) Titre was a good deal of pressing before the body was got in. Hare was present, and assisted in pressing down the body into the box. • The sheet was left where the box went to. Identified the box. Could not say whether it was a man or woman's hair he saw. William Haire, or Hare, a mitts criminis, was vrarned to speak the truth ; as, if he deviated from it, the result would be the most condign punish ment that ::ould be inflicted. —Witness is a native of Ireland; has been ten years in this country. Become acquainted with the prisoners about a year ago.—Was in a public house along with Burke on Hallowe'en day. Nobody else was with them. Burke told witness to go down to see the shot ho had got, that he was going to take to the doctor's ; that there was an old woman there he had got off the street ; and he had left some whiskey to drink ; and wished witness to go down and see how they were coming on. Witness understood by a shot, that Burke was going to murder her. Witness went down alone to Burke's house, and found a strange man and woman besides M'Dougal and the old woman. The strange man and woman are called Gray. Quarrelled with Burke afterwards in his own house, who struck him, and they had a fight toge ther. The old woman was sitting at the fire. She rose and wished Burke to sit down ; for he had used her decently while in the house, and she did not wish to sec him ill-used. She ran twice out of the house crying either murder or police—could not say which—M'Dougal fetched her back both times. When witness and Burke were fighting, witness pushed the old woman over a little stool, and sho was so drunk she could not get farther than to sit. She still culled to Burke to quit fighting. He did quit at last, and witness lay still in the bed. Burke then got on the top of the woman, who was on the floor, and laid himself down upon her with his breast on her head: She cried, but not loud; but he held in her breath, and she only moaned a little after. He put one hand on her nose and mouth, and the other under her chin ; he continued this for 10 or 13 minutes; he said in,thing while doing this ; he then got. up from the woman, who did not move after; Burke put his hand across her mouth again for two or three mi nutes, when she appeared quite dead. Witness was sitting on the chair all this time. Burke then strip ped off the clothes and put them under the bed; and doubled the body up, and put the straw on the top of it, end covered it up. When M‘Doegal and Hare's wife heard the first screech of the old wo man, they leapt out of bed and ran into the passage. They did not come in again till the body was cover ed up under the straw. Before the murder, the wo men were lying in bed wi t h th e rug over them. Witness was sitting at the head of the bed on the chair. Did not observe any blood at that time. Did not hear the women say any thing when in the passage; but they brought nobody in at that time. Before the women sprung out of bed. Burke was on the 'top of the woman. She gave a screech, and they leapt out of bed. None of them tried to save the woman. Witness's wife went out first, and M‘Dougal fol lowed. Neither of them made any attempt to take Burke off the woman. It was about ten minutes before this that the women separated witness and Burke. When the women came in Burke went out, and returned in about ten minutes. The women asked no questions. They went to bed again. Never asked for the old woman when they came back. Burke brought the Doctor's man with him (Pater son). Burke asked him to look at the body, but he would not do it, and told him to get a box and put it in.. The women were in bed. Does not know if they kvere awake. Did not hear them speak at all from the time they went into the passage. Witness fell asleep while Paterson was there. Witness knew what he was about, " though a little drunkish." He awoke between six and seven in the morning. Slept in the chair, with his head on the side of bed. The two women and Brogan were all in the bed, and Burke was sitting at the fire. M‘Dougal is Brogan's aunt.- Witness and his wife went home, and saw Gray and his wife, who had slept there all night. They had fallen out with Burke, in the evening, and applied for a bed. Burke did not speak to witness about a bed for them. Met Burke next morning', who gave him a dram in Mr. Rymer's shop. Asked him to go with him to see about a box. Afterwards went to Surgeon's-square, and he inquired about a box, but got none there. He then said he had one bespoke from Mr. Rymer's shop boy. Saw the box after in Burke's house. A porter brought it in. Burke afterwards came in. M'Culloch is the porter's name. Met Burke at the back door, and went back to the house. Burke said to witness he was little worth or he would have had it in the box. Witness afterwards helped in with it, and the porter pressed it down at the lower end. The hair was hanging out, and the porter pressed it in. It was then roped. It is the box - in Court, or one like it. The porter took it to Surgeons'-square. Burke followed at same time, and witness went with the porter. The woman followed them. Burke and witness went into the house with the porter. The box was put in a cellar, arid they went to the doctor's house at Newington. Mr. Paterson came out to them, and asked them to a public-house, where he paid them some money. All the three went in. Saw the woman on the Newington road, both going and coming; but they .did not go to the house. Got five pounds between them, except five shillings to the porter. Burkenad witness got each 2/. 7s. Gd. They were to get five pounds more on Monday. Saw Burke taken up that night. Witness was taken up.next morning. By Mr. COCKBURN—Has been here about ten years.. Has been a boatman and a labourer during that time. Has been sometimes employed in selling fish. Has been concerned in supplying doctors with subjects, as mentioned. Have you been concerned in supplying the doc tors with subjects on other occasions than that you have mentioned? The LORD ADVOCATE objected to the question. Mr. COCKBURN.---I hold that I am entitled to test this "gentleman's" credibility with tho Jury, and with that view I propose to-ask him it he was concerned in any murder except this one. LORD ADVOCATE—Thought the Dean of Faculty had agreed to confine himself to the present case. Lord MEADOWBANK thought it neither a fit nor proper thing to allow the question.. Lord Justice CLERK coincided in the view of Lord Mckenzie,. although he agreed with Lord Meadowbank in thinking this the " most extraordi nary question he ever heard." But the case is an extraordinary one, and allowances must be made. LORD ADVOCATE wished to know in what situa tion he was placed ? Was he allowed to ask him, if he confessed, of what murders were you guilty ? Mr. COCKBURN—We put this question, and the Lord Advocate is entitled to . put any others he pleases. I cannot state the thing more generally. We intend to object to no question the Lord Advo cate may choose to ask. Haire recalled—Assisted in taking the old woman to Surgeon-square; this is the only body he ever was concerned in carrying ; never carried any other bodies; he "never was concerned in none," but he 'Saw them done. LORD JUSTICE-CLERK—You are not bound to answer the question about to be put. Mr: CoCKBURN stated to the witness that he was not bound to' answer the queStion 7 -How often have tent seen them "doing" it ?—Declines to answer. Is this of the old woman the first murder you have ever been concerned in ?—Declines to answer. Was there a murder committed in your house last Octo ber ?—itemembers Burke saying he had got a shot; he understood that to mean a person whom he was to murder; had heard the expression " he got a shot," used by Burke, but not often. He said it many times when he did not mean to murder; on this occasion told witness he meant to murder the woman between 11 and 12. Witness was dancing in Connaway's that night; when he was at Conna way's he had no notion there was to be any mis chief that night; he had no notion except " from his speeches;" when he was dancing in Connaway's he had no notion there was to be any mischief th a t night; first time he formed any notion was when he saw him (Burke) on the top of her; Burke and witness fell, and he had not a notion till he saw Burke upon her; saw the old woman's dead body in the police. The question was objected to by Lord MEADOW BANK. Mr. Cockburn-Pisher and others having sworn that Burke and witness, and all of them, when shown the body denied ever having seen it. Mrs. Haire or Hare--This witness was solemnly admonished, by Lord MEADOwBANIC, after which site was.examined by the LORD ADVOCATE. Lives in Portsburgh ; remembers last Hallowe'en night. Afterwards lay down in a bed. Was standing be tween the door and the bed when Burke was on the top of the old woman. Very little room betwixt the door and the bed. Burke had not lain many minutes when Nelly M`Dougal and witness flew out. Was alarmed at what she saw, Saw Berke on the woman, but could not say whether on her mouth or on her breast; Had some previous reason of sus picion. Had seen a little nick of it done before.— M'D.ougal had, in the course of the afternoon, gone to witness's and said, " There was a shot in the house." She did not say any thing about the mean ing of a shot, but that Burke had picked her up out of a shop. M'Dougal told her it was a woman, at the same time she mentioned it was a " shot." She did not say expressly she was to be made away with, but t witness una r c e r a s:o o, v perfectly that be runderst t and t this in was to understanding a " shot" plied to murdering or making away w i t h a person, They had given her drink,- at were not pressing it upon her. The old w oman was rat h er the worse of was, that she had known it on f ormer occas io n s drink. The reason why she run out was she was afraid she would see the woman murdered. She thought nothing of What had been said about a " shot" in the forenoon. Did not expect the old woman was to be murdered that night. Had made no remarks. Dr. Christison—Saw and examined minutely a body in the Police Office on the 2d and 3d Nov. Found unequivocal proof of violence in the contu sions dispersed through the body, and in no cause of death being visible. Ile begged to add, from the woman being seen recently before alive and well, the blood under the, bed, as well as the appearances al ready mentioned, death by violence was extremely probable. This closed the case for the prosecution. The declarations of the pannels were then read, and from their number, occupied a considerable time; after which, The LORD ADVOCATE addressed the Juiy on be half of the Crown. The DEAN of FACULTY replied, and had not concluded when our Paper went to Press. DESTRUCTIVE FIRE. Yesterday morning, about four o'clock, a fire was discovered in one of the lofts in the extensive pre mises of the Scottish Brewery Company, in Junc tion-street, foot of Leith-walk. On the first alarm, the Leith engines and a strong body of police repaired to the spot, and very soon after two engines from the Fort, with a detachment of artillerymen, also arrived. It was some time before water could be obtained, and even then the supply was scanty. — The flames meantime had attained such an ascend ancy, and spread with such rapidity that all efforts to arrest them seemed unavailing, threatening de struction to the surrounding houses. A more co pious supply of water having been obtained, and two engines having arrived from Edinburgh under the direction of Mr. Braidwood, the greatest ex ertions were used to stop the progress of the flames, which for some time were unavailing._ At six o'clock thefire raged with such fury, that the whole of the front lofts and the south wing were enveloped in flames ; and when the roofs of the dif ferent houses successively fell, the columns of tire that instantaueously rose up, throwing the embers to a great height, presented an awfully grand and sublime appearance. The attention of the firemen was now directed to the north wing, consisting of malt barns and bonded warehouses, and to which the fire had not reached, and they fortunately succeeded in pre vanting that valuable part of the premises from sharing in the general conflagration. The fire was got under about ten o'clock. No accident whatever took place. We understand that the premises and stock are insured.--Edinburgh Evening Courant of Thursday. FASHIONABLE INTELLIGENCE. ARRIVALS. Viscountess Dudley and Ward, in Bryanston-square; Vis countess Keith and the Hon. Miss Elphinstone, in Piccadilly; Countess Ludolf, in Gloucester-place ; Captain and Mrs. Her bert, in Albemarle - street; Mr. and Mrs. Nesbitt, in George street, Hanover-square; Mr. Francis Willes, in Gloucester_ place ; Mr. and Mrs. Forrester, in Grosvenor-place. SPORTING INTELLIGENCE. HUNTING INTELLIGENCE. APPOINTMENTS FOR THE ENSUING WEEK. His Majesty's Stag-hounds, on Monday, at the Red Lion, Shrubshill ; and Friday, at Stoke Green—at half-past ten. The Anglesea Hounds, on Monday, at Pedlcoch ; Thurs day, at Llanerchymedd ; and Saturday, at Pen c,raig—at half-past ten. The Blaekmoor Vale Hounds, on Tuesday, at Inn Wood ; and Friday, at Stock-house—at ten. The Brighton Harriers, on Monday, at Patcham ; Wed nesday, near the Race Course ; and Friday, at the Dyke— at half-past ten. • The Brookside Harriers will continue to met every Monday, at Newmarket ; Wednesday, at the Lewes Race Course ; and Friday, at Tellescombe Tye—at half-past ten. - The Cadbury Harriers, on Monday, at Puddimore ; and Thursday, at the Red Post. Mr. O'Kelly'a Buck.hounds, on Saturday-, at the Ken nel, Henbury ; and Wednesday, at Ashley Barn, near Milborne Clumps—at half-past eleven. The Cheshiie Hounds, on Monday, at Norley Beach; Wednesday, at Marbury, near Northwich—at half-past ten. Sir T. Stanley's Hounds, on Tuesday, at Hinderton— at ten. Mr. Price's Hounds, en Tuesday, at the Kennel--.ai half•pastten. The Worcestershire Fox-hounds, on Tuesday, at Wry_ man ; and Friday, at the Kempsey Grove—at half-past tea. Upton-upon-Severn Harriers, on Wednioday, at Bir lingharn ; and Friday, at Holly-green—at ten. Mr. Boycott's Hounds, on Monday, at Norton ; and Thursday, at Weston—at half-past ten. Mr. Dansey's Hounds, on Monday, at Tibberton Village; and Thursday, Pencomh--at ten. , - The Warwickshire Fox-hounds, on Monday, at Fenhill —at half-past ten. The COtteemere Hounds, on Monday, at Grimathorpe Castle ; Tuesday, at Brook ; and Thursday, at Carlby Windmill—at a quarter before eleven. Earl Fitmilliam's Hounds, on Monday, at Bedford Pur lieus; and Thursday, at Abbot's Ripton—at ten. Lord Yarborough's Hounds, on Monday, at Grainsby house ; Wednesday, at Lang►nore Furze ; *Friday, at Lea house ; and Saturday, at the Kennel—at eleven. Sir Rich. Sutton's Hounds, on Monday, at Langwortli bridge ; Tuesday, at Saxilby ; Thursday, at 13elchford txiwn ; Friday, at Blankney ; and Saturday, at Skelling thorpe and Winceby Village—at eleven. The Granaden Hounds, on Tuesday, at Tuft-mill ; and Friday, at Downing Arms—at ten. The Puckeridge Hounds, on Monday, at Wadesmill ; Wednesday, at Takeley Forest; and Saturday, at Benning ton-street--at half-past ten. Royston Harrier;, on Tuesday, at Mr. Norris' Farm, Barley-road ; Thursday, Odsey-house. Mr. G. Mnre's Hounds, on Tuesday, at Riddlesworth— at ten. The Shropshire Hounds, on Monday, at the Fox, Al hrighton ; Wednesday, at Queen's Head ; and Friday, at Lee-bridge--at half-past ten. General Wm. Fitztoy's Hounds, on Monday, at Beetly ; Wednesday, at Tittleshall Mill ; and Friday, at Necton George—at eleven. Mr. H. Villebois's Harriers, on Tuesday, at Swaffharn Splashes ; and Saturday, at Pickenham-hall—at eleven. Mr. Allen's Harriers, on Monday, at Setch ; and Fri day, at Holme--at eleven. The Holderness Fox-bounds, on Monday, at Evering ham ; Tuesday, at W,arter ; Thursday, at White Cross; and Saturday, at Neswick—at half-past ten. Lord Scarborough's Fox-hounds, on Monday, at Sparken hill ; Wednesday, at Sandbeck Park ; Friday, at Langold ; and Saturday, at Conisbro'—at half-past ten. Sir George Sitwell's Fox-hounds, on Tuesday, at Stony Haughton Bar; and Friday, at Woodhouse AWL—It ten. _ _ Mr. Meynell's Hounds, on Monday, at Bradby; Thurs day, at Stvarkstone; and Saturday, at Wichnor---at half past ten. The Quorn Hounds, on Monday, at Brookesby-hall; Wednesday, at Quenhy-hall ; Thursday, at Stanton Wy- Tulle ; and Friday, at Bunney-hall—at half-past ten. Lord Anson's Hounds, on Monday, at Clifton; Tues day, at Natlstone Wiggs ; Thursday, at Lindley ; and Sa turday, at Kirkby—at half-past ten. SPARRING AT THE TENNIS COURT. - - - - Yesterday the Court was o pened for the benefit of the Fair Play Club. The exhibition was numerously attended, and the sparring was generally of a character above the common, although the bulk of the strangers seemed only to relish such matches as were contested by the great men. Amongst others there was a beautiful set-to between Jem Ward and Young Dutch Lam, and the latter raised him self still higher in the opinion of his friends. At the con clusion, a gentleman of the Committee returned thanks, and briefly explained the objects of the Club, the funds of which were announced to be in a prosperous stated. A match was made between Big Brown and Dobell, 3001. to 2601. to fight within three months. THE RING. Last night the last deposit on the match between Harry Imes and Tom Reddie was made good at the Castle. The fight comes off on Tuesday next. The last deposit in the match between Paddy Flynn and Blisset was posted last night at Reuben Martin's. The Duke of Beaufort is so far recovered from his late severe illness as to be able to ride on horse back. The first division of the Portuguese troops was to have embarked on Saturday last, under the com mand of General Saldanha, who arrired here on Thursday last, but owing to the vessels not being ready, the embarka tion did not take place, and we are now inclined to think it will not so soon as was expected ; and that when it does take place, it will be under more auspicious circumstances than were some time ago anticipated.—Plymouth Weekly Journal. SPIRIT OF THE LONDON JOURNALS. We consider it a subject of unfeigned rejoic ing that the Duke of Wellington's letter, which appears to have heel) made public in D u bli n on Wednesday last, has in one sense afforded the most lively feelings of satisfaction to the Catholic body, by making manifest to all the world the anxiety of the Prime Minister to " . settle the question"—that is, to grant eman c ipation-- instead of confirming the barefaced boast of the Brunswickers, that the Duke was as hostile to them as ever. Here is, for the first time, from a Minister of the reputed party of Perceval, Liver pool, and Eldon, a frank declaration that he is most anxious to see " the question settled ;" and (for we must provid e aga i nst t h e tr i c k s o f disingenuous cavillers) settled by some new and effectual measure,—not by perpetuating the law which-now exists. It is worthy of .Observation, that where the Duke of Wellington speaks of the obstacles which he sees to the prospect of a " settlement," he does not allude to any in the principle of the measures of emancipation. Flc says nothing of the " not keeping faith with the heretics,"— nothing of irremovable mischief in the . natural influence of the priests—nothing of double allegiance, or. any other nonsense, so much relied upon by those I ories whose errors he has had the manliness to avow that he no longer participates. No : the difficulty which alarms this stout-nerved soldier, is of a natuftt ex trinsic to•the merits of the question itself, arising solely from the evil spirit of faction, and from the violence of those who have taken opposite sides in the discussion of it. .The Duke of Welling ton, in stating the sincerity of his own wishes for a settlement, implies, as we would fain hope and trust, a confession that it is his bounden duty to promote by all the means within his power (and the Prime Minister is known to have powerful means) that " settlement," which he describes as so " beneficial to the State, and to every individual," Protestant as well as Ga., tholic, " that belongs to it." Mr. Canning went no further than an expression of his own anxious feelings in favour of such a settlement ; and in that expression, highly as we esteemed and admired Mr. Canning, we are satisfied that he was not more sincere or cordial than his gal- , lant successor is now. Mr. Canning salt, do more upon the probability of that much wished-: for settlement than what follows The pa tronage and influence of the Treasury, though professing to be neutral, have always hitherto sympathised—undesignedly perhaps, though-not the less sensibly—with the politics of 'the Prime Minister on this occasion. Under me, the name of neutrality shall not, you may depend upon it, be made a screen for works of secret hostility to the Catholics or to the cause of emancipation. Give ins a little time, and I have no doubt of being able to bring about a settle ment." Now the Duke of Wellington, a re served man in his temperament, leaves to be col , lected from his actions that which Mr. Canning,. more communicative, permitted -to disclose itself' in words. Mr. Canning did not find it neces sary to deprecate that factious fury which had not in his day reached the evil eminence which it has since attained to ; he asked for "time," and promised a successful issue. The Duke of Wellington asks the authors of the public dis traction to desist " for a short time" from their violence, and merely adds, that he, if left unmo lested, does not " despair of finding a satisfac tory remedy." Need the Duke of Wellington, conscious of none but honest views, go further than such an entreaty to the fanatics on both sides, or such an intimation of his own desire to be allowed time and tranquillity for the com pletion of that " settlement," which, without boldly promising, he "is sincerely anxious to . witness ?" This document to which we have been referring, is one in itself of so great import ance, and has been looked for as the solution of so many painful doubts, fears, or conjectures, that we are not backward to acknowledge the extreme caution with which we have repeatedly read and considered it, before we would risk an opinion upon its true meaning, which our readers might afterwards reproach us with as not capable of entire justification. But, to the best of our judgment, it is an encouraging letter. It proves, under his own hand, that the wishes of the Duke of Wellington are decidedly favour able to Emancipation, and that his fears for the success of it are founded—not on any prospect of mischief from the measure itself, or onresisted. any unfitting them for the privileges of Bri tish subjects, but, on the personal (and there tes, boli tenet, political or religious, of the Ca fore in its nature transient) violence of those by whom the he * r o, t afterv'.ill beimpossible is for maintained t he Cumberland m or ber e such avowals, to misrepr esen t t h e D u k e o f Wellington, as " of their faction ;" and th a t i s cause ulnidste a point gained, the value of which we conceive to be inestimable. We must, however, repeat our observation of yesterday, that the Duke seems to us to over-rate the difficulties which surrou , id this national question. The Duke of Wellington has, from circumstances, more than ten times the political power that M r . C ann i ng could have wielded during the first year of his administration. His Grace may, without exag gerating his own pretensions, add the " sic juheo" to the " sic volo," and if he permits the rubbish about the Court to deter him from at tempting very shortly " a beneficial settlement," such as he justly terms emancipation, he may assure himself that his character for civil courage which has not hitherto escaped wholly without suspicion, will sustain an injury not easy to be repaired. The Catholic question must always produce fermentation among parties, until it shall be finally settled. The tranquillity which he invokes, the lull which he looks for, can never exist until after the measure shall have passed. If he defers, therefore, to legislate until he can legislate undisturbed by faction, he imagines that the consequence is to precede the cause.— Times. We have given in another part of our Paper a report of the proceedings of the Irish Catholic Association on Tuesday last, the most remark able feature of which was the production by Mr. O'Connell of a letter from the Duke of Welling ton to Dr. Curtis, the Roman Catholic Primate to firs of Ireland. This letter has naturally produced a deep pro mulgated, fail m sensation where it a was ke a t similar- sensation throughout the Empire. Perhaps a higher c ompliment was never paid to any Ands ter than that which the Duke of Wellington has been constantly receiving every day for the last six months. Men of all parties, and of every different shade of opinion upon the Roman Ca tholic Question, have been so determined to have the Noble Duke on their side, that in or der to snatch even for a moment the importance and popularity which so enviable a coincidence must confer, reason has been willingly sacri ficed, and probability resolutely set at nought.— But this instinctive deference—this tacit recog- Hition of superiority—has never been exhi- ,