Burke and Hare's Last Murder Was on Halloween
Edinburgh's West Port murders ended on 31 October 1828, when Margaret Docherty was killed and a neighbor fetched the police. Burke was hanged the following January. Four years later Parliament tried to make the grave-robbing trade unnecessary.
By C. V. Wooster
The reason a fresh grave in early nineteenth-century Britain was sometimes watched, or caged in iron, is a trade. Anatomy schools needed bodies. The lawful supply, the corpses of executed criminals, was too small. Resurrection men dug up the recently buried and sold them. Families answered with mortsafes and night watches. That history is the one this site tells in how cemeteries learned to be haunted: the fear at the grave was a living man with a shovel, and the Anatomy Act of 1832 tried to end the trade by giving the schools the unclaimed poor instead. Burke and Hare are the episode that made the shame public. They stopped digging. They murdered, and they sold the bodies to Dr. Robert Knox. Their last killing, Lisa Rosner writes, was on Halloween.
What the library and the surgeon's college agree on
The National Library of Scotland's account of the West Port murders is built from its own collections: broadsides, portraits, and the 1829 pamphlet literature. In 1828 Edinburgh was a center of anatomical teaching, and teaching required a steady supply of cadavers. When graves became harder to rob, because yards were guarded and mortsafes made the work slow, other supplies were tried. William Burke and William Hare, both Irishmen who had come to Scotland for work on the Union Canal, sold bodies to Knox, an anatomist with rooms in Surgeon's Square. The library is explicit that the first body they sold was not a murder. On 27 November 1827 a lodger who owed Hare rent died of natural causes. Hare and Burke sold him. A student of Knox's offered more than they had expected from another anatomist. After that, the library says, came the killings: between January or February 1828 and 31 October 1828, more than fourteen murders in the Old Town. Most of the victims were poor local women. The three the pair were charged over are Mary Paterson, James Wilson, known as Daft Jamie, and Margaret Docherty, the last.
Rosner, a historian whose book is The Anatomy Murders, wrote the Royal College of Surgeons of Edinburgh's library blog on a student memoir in the college archive. She dates the series as sixteen people in the twelve months from November 1827 through 31 October 1828, and she adds the parenthesis that matters for this night: the last murder really did take place on Halloween. The library's "more than fourteen" and Rosner's "sixteen" are not the same count. Both put the end of the series on 31 October 1828, and both name Docherty as the victim who brought the police. A neighbor found her body. The library says the residents went for the police, and that Burke and Hare still managed to deliver that last body to Knox before they were stopped. The next morning the body was at Knox's rooms. On 3 November 1828 Burke, his partner Nelly McDougal, Hare, and Hare's wife were detained.
Hare was offered immunity to testify. He turned King's evidence. McDougal's charges were not proven. Burke was convicted. On 28 January 1829 he was hanged in the Lawnmarket, in front of a crowd that included, from a window, Walter Scott. The library says Burke's body was then dissected, and that his skeleton is kept at the University of Edinburgh's Anatomy Museum. Knox was not charged and was not called as a witness. His reputation did not survive the omission. On 12 February 1829 a crowd hanged an effigy of him outside his house. The library's judgment is that he was negligent: he did not ask hard enough where the bodies came from, in a market where other anatomists were also buying from the night trade.
Why Parliament changed the grave
UK Parliament's history of body-snatching, on its Living Heritage pages, uses Burke and Hare as the case that was not ordinary resurrection. They did not rob graves. They murdered, and they supplied Edinburgh's College of Medicine. The public outcry of 1828 followed. A select committee that year looked at the supply of bodies. An early bill failed. The Anatomy Act 1832 is the statute that passed. Parliament's summary says it gave surgeons and their students legal access to bodies from workhouses, hospitals, and prisons that were unclaimed forty-eight hours after death, and that a person could also donate the body of a next of kin. The aim was to dry up the illegal market by making a legal one. Ruth Richardson's history of dissection and the destitute, cited in the cemetery essay, is the book-length argument about who paid for that solution: the unclaimed poor, instead of the stolen newly buried.
The Halloween date is not a coincidence someone added for a costume. It is the last day in the library's range, and it is the day Rosner is willing to call Halloween in a college archive blog. Docherty's death is why the series ended. It is also why, four years later, a statute tried to make a watched grave less necessary. A mortsafe is an interment defended against the living. The Act did not comfort the families who had already lost someone to the West Port. It changed the incentive for the next generation of teachers. Whether it was a just change is Richardson's subject. That it was a response to 1828 is Parliament's.
What this night does not need
The killings were serial, and the pamphlets of 1829 were happy to dwell on them. The documents required here are narrower. A lodger sold after a natural death. A run of murders ending on 31 October 1828. A neighbor, the police, a trial, a hanging on 28 January 1829, a skeleton in a university museum, and a statute in 1832. The count of the dead is the soft number: more than fourteen in the library's window, sixteen in Rosner's, depending on where the natural death is placed and whom one includes. Docherty's date is the firm one. Halloween 1828 is a murder date in an anatomy scandal, not a folk festival. The lanterns in other windows that week belong to a different history, the turnip and the soul cake. This window belongs to the grave that had to be guarded, and to the law that tried to retire the guard.
Sources
- National Library of Scotland, "From crime to collection: Burke and Hare at the Library." The West Port murders, Knox, the natural death of 27 November 1827, more than fourteen murders through 31 October 1828, Margaret Docherty, Hare as King's evidence, the hanging on 28 January 1829, and the skeleton at the University of Edinburgh. https://www.nls.uk/collections/stories/scottish-history/burke-and-hare-at-the-library/
- Lisa Rosner, "The Burke and Hare Murders, Revisited," Royal College of Surgeons of Edinburgh Library and Archive blog, 25 July 2018. Sixteen victims from November 1827 through 31 October 1828; the last murder on Halloween; Docherty found by a neighbor; Hare's evidence; the hanging. https://rcsedlibraryandarchive.wordpress.com/2018/07/25/the-burke-and-hare-murders-revisited-by-lisa-rosner-phd-distinguished-professor-of-history-stockton-university/
- UK Parliament Living Heritage, "Body snatching." Burke and Hare as murder rather than grave-robbery, and the Anatomy Act 1832: unclaimed bodies from workhouses, hospitals, and prisons, forty-eight hours after death. https://www.parliament.uk/about/living-heritage/transformingsociety/private-lives/death-dying/dying-and-death/bodysnatching/
- Ruth Richardson, Death, Dissection and the Destitute (Routledge & Kegan Paul, 1987), as cited in this site's essay on haunted cemeteries. The Act's exchange of the stolen dead for the unclaimed poor.