Supplement to the trial of William Burke & Helen M'Dougal : containing the whole legal proceedings against William Hare, in order to bring him to trial for the murder of James Wilson, or Daft Jamie. With an appendix of curious and interesting information, regarding the late West-Port murders. Illustrated by a lithographic print of Mrs Hare and her child, as they appeared in the witness box / [William Burke].

  • Burke, William, 1792-1829.
Date:
1829
Catalogue details

Licence: Public Domain Mark

Credit: Supplement to the trial of William Burke & Helen M'Dougal : containing the whole legal proceedings against William Hare, in order to bring him to trial for the murder of James Wilson, or Daft Jamie. With an appendix of curious and interesting information, regarding the late West-Port murders. Illustrated by a lithographic print of Mrs Hare and her child, as they appeared in the witness box / [William Burke]. Source: Wellcome Collection.

    27/226 (page 17)
    *md liberation. Thus, your Lordships are not confined to thg question, whether the Sheriff's judgement was, in the circum- stances, such as became the committing Magistrate to pro- nounce ; but the whole matter of the commitment is brought before the Supreme Criminal Court, by an application for sus- pension and liberation. Such are the facts ; and the informant is now to state the legal grounds on which he rests his application to your Lord- ships. The informant, in one word, maintains, that oh account of the promise and compact, whereby, under assurance of safety from trial or punishment, he disclosed to the public prosecu- tor all the information he possessed, and was made a witness, and examined on the trial of William Burke, he cannot now be tried in order to punishment for the murder of James Wilson. But, as a hint was thrown out at the debate, that the present is not the most fitting time or shape to raise this question, and that the informant should remain quiescent, until an opportu- nity shall be afforded him of stating an objection in bar of trial, When criminal letters shall, at the convenience of the private prosecutors, be raised and called in Court, it is proper to state shortly the grounds on which the informant submits that this hint is entitled to no regard. In the first place, the question which the informant has raised, is an incidental one; and at whatever time, or in what- ever shape it may be taken up, it must be preliminary to the matter of trial. It must be considered, investigated, and dis- posed of completely, before the matter of trial can be at all entered upon. There is, therefore, no reason even of con- veniency or expediency for postponing the one until the other shall be ready to be entered upon \ and there is no rule or practice of Court to that effect. In the second place, the in- formant has a very material and legitimate interest, that the question should be considered now, in order that, if he is right in this question, he may be relieved from the serious burden of preparation for trial. He may also be permitted to remark, that the prosecutors can have no legitimate interest to postpone the discussion of this question. It cannot be disadvantageous to them, but the reverse, that the merits of the informant's objection to the proceedings against him, should be ascertained and disposed of, before they incur the expense, and undergo the labour of preparing their case for trial. In the third place, the informant, with confidence, submits that, if he cannot bq C