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7

October, about one or two o'clock. They were going into Burke's. Was there in the afternoon, and saw the stranger woman sitting at the fire, and she was taking porridge and milk at the time. She had a napkin in place of a mutch on, but does not know if she had any thing else but her shift on. Asked M'Dougal if they had got a stranger, who said yes, it was a Highland woman, and a friend of her husband's. M'Dougal shortly after left the house. The stranger woman, who was a little intoxicated, said she was going to St Mary's Wynd, to see a boy who promised to get some word to her about her son, whom she was seeking, but did not go, as witness said she would not find her way back. She said Burke, whom she persisted in calling Docherty, had promised her supper and bed, as she had no money. Hare and his wife then came in with some whisky, which they drank, the stranger getting some also. Hare and the rest were dancing, and the whole party about ten or eleven o'clock, when Burke returned, followed him into his house. The woman seemed quite well. Witness did not sleep any in consequence of a disturbance which commenced shortly after, as if Burke and Hare were fighting. Rose next morning at eight, and went to Burke's, and found him, Mrs Law, M'Dougal, and a person named Broggan. Burke had a bottle of spirits, and gave her a glass. He then threw the spirits up to the roof of the house, and upon a bed at his back. Asked M'Dougal what had become of the old woman, to which she answered, that Burke and her were too friendly together, and she had kicked her out of the house. Burke asked her if she had heard Hare and him fighting, and remarked they were friends now, saw straw lying under the bed. Heard a report of murder, and Burke was apprehended by the police just after that.

Cross-examined.—Before he was apprehended, Burke said he would go and seek the man who had accused