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moonlight; I heard once more his words and mine。 〃Forgive me;〃 he
had said; 〃for having loved youpassionately; devotedly loved
you。 Forgive me; and let me go。〃
And I had answered; 〃Oh; Eustace; I am only a womandon't madden
me! I can't live without you。 I must and will be your wife!〃 And
now; after marriage had united us; we were parted! Parted; still
loving each as passionately as ever。 And why? Because he had been
accused of a crime that he had never committed; and because a
Scotch jury had failed to see that he was an innocent man。
I looked at the lovely moonlight; pursuing these remembrances and
these thoughts。 A new ardor burned in me。 〃No!〃 I said to myself。
〃Neither relations nor friends shall prevail on me to falter and
fail in my husband's cause。
The assertion of his innocence is the work of my life; I will
begin it to…night。〃
I drew down the blind and lighted the candles。 In the quiet
night; alone and unaided; I took my first step on the toilsome
and terrible journey that lay before me。 From the title…page to
the end; without stopping to rest and without missing a word; I
read the Trial of my husband for the murder of his wife。
PART II。
PARADISE REGAINED。
CHAPTER XV。
THE STORY OF THE TRIAL。 THE PRELIMINARIES。
LET me confess another weakness; on my part; before I begin the
Story of the Trial。 I cannot prevail upon myself to copy; for the
second time; the horrible title…page which holds up to public
ignominy my husband's name。 I have copied it once in my tenth
chapter。 Let once be enough。
Turning to the second page of the Trial; I found a Note; assuring
the reader of the absolute correctness of the Report of the
Proceedings。 The compiler described himself as having enjoyed
certain special privileges。 Thus; the presiding Judge had himself
revised his charge to the jury。 And; again; the chief lawyers for
the prosecution and the defense; following the Judge's example;
had revised their speeches for and against the prisoner。 Lastly;
particular care had been taken to secure a literally correct
report of the evidence given by the various witnesses。 It was
some relief to me to discover this Note; and to be satisfied at
the outset that the Story of the Trial was; in every particular;
fully and truly given。
The next page interested me more nearly still。 It enumerated the
actors in the Judicial Dramathe men who held in their hands my
husband's honor and my husband's life。 Here is the List:
THE LORD JUSTICE CLERK;}
LORD DRUMFENNICK; }Judges on the Bench。
LORD NOBLEKIRK; }
THE LORD ADVOCATE (Mintlaw); } DONALD DREW; Esquire
(Advocate…Depute)。} Counsel for the Crown。
MR。 JAMES ARLISS; W。 S。; Agent for the Crown。
THE DEAN OF FACULTY (Farmichael); } Counsel for the Panel
ALEXANDER CROCKET; Esquire (Advocate);} (otherwise the Prisoner)
MR。 THORNIEBANK; W。 S。;}
MR。 PLAYMORE; W。 S。; } Agents for the Panel。
The Indictment against the prisoner then followed。 I shall not
copy the uncouth language; full of needless repetitions (and; if
I know anything of the subject; not guiltless of bad grammar as
well); in which my innocent husband was solemnly and falsely
accused of poisoning his first wife。 The less there is of that
false and hateful Indictment on this page; the better and truer
the page will look; to _my_ eyes。
To be brief; then; Eustace Macallan was 〃indicted and accused; at
the instance of David Mintlaw; Esquire; Her Majesty's Advocate;
for Her Majesty's interest;〃 of the Murder of his Wife by poison;
at his residence called Gleninch; in the county of Mid…Lothian。
The poison was alleged to have been wickedly and feloniously
given by the prisoner to his wife Sara; on two occasions; in the
form of arsenic; administered in tea; medicine; 〃or other article
or articles of food or drink; to the prosecutor unknown。〃 It was
further declared that the prisoner's wife had died of the poison
thus administered b y her husband; on one or other; or both; of
the stated occasions; and that she was thus murdered by her
husband。 The next paragraph asserted that the said Eustace
Macallan; taken before John Daviot; Esquire; advocate;
Sheriff…Substitute of Mid…Lothian; did in his presence at
Edinburgh (on a given date; viz。; the 29th of October); subscribe
a Declaration stating his innocence of the alleged crime: this
Declaration being reserved in the Indictmenttogether with
certain documents; papers and articles; enumerated in an
Inventoryto be used in evidence against the prisoner。 The
Indictment concluded by declaring that; in the event of the
offense charged against the prisoner being found proven by the
Verdict; he; the said Eustace Macallan; 〃ought to be punished
with the pains of the law; to deter others from committing like
crimes in all time coming。〃
So much for the Indictment! I have done with itand I am
rejoiced to be done with it。
An Inventory of papers; documents; and articles followed at great
length on the next three pages。 This; in its turn; was succeeded
by the list of the witnesses; and by the names of the jurors
(fifteen in number) balloted for to try the case。 And then; at
last; the Report of the Trial began。 It resolved itself; to my
mind; into three great Questions。 As it appeared to me at the
time; so let me present it here。
CHAPTER XVI。
FIRST QUESTIONDID THE WOMAN DIE POISONED?
THE proceedings began at ten o'clock。 The prisoner was placed at
the Bar; before the High Court of Justiciary; at Edinburgh。 He
bowed respectfully to the Bench; and pleaded Not Guilty; in a low
voice。
It was observed by every one present that the prisoner's face
betrayed traces of acute mental suffering。 He was deadly pale。
His eyes never once wandered to the crowd in the Court。 When
certain witnesses appeared against him; he looked at them with a
momentary attention。 At other times he kept his eyes on the
ground。 When the evidence touched on his wife's illness and
death; he was deeply affected; and covered his face with his
hands。 It was a subject of general remark and general surprise
that the prisoner; in this case (although a man); showed far less
self…possession than the last prisoner tried in that Court for
murdera woman; who had been convicted on overwhelming evidence。
There were persons present (a small minority only) who considered
this want of composure on the part of the prisoner to be a sign
in his favor。 Self…possession; in his dreadful position;
signified; to their minds; the stark insensibility of a heartless
and shameless criminal; and afforded in itself a presumption; not
of innocence; but of guilt。
The first witness called was John Daviot; Esquire;
Sheriff…Substitute of Mid…Lothian。 He was examined by the Lord
Advocate (as counsel for the prosecution); and said:
〃The prisoner was brought before me on the present charge。 He
made and subscribed a Declaration on the 29th of October。 It was
freely and voluntarily made; the prisoner having been first duly
warned and admonished。〃
Having identified the Declaration; the Sheriff…Substitutebeing
cross…examined by the Dean of Faculty (as counsel for the
defense)continued his evidence in these words:
〃The charge against the prisoner was Murder。 This was
communicated to him before he made the Declaration。 The questions
addressed to the prisoner were put partly by me; partly by
another officer; the procurator…fiscal。 The answers were given
distinctly; and; so far as I could judge; without reserve。 The
statements put forward in the Declaration were all made in answer
to questions asked by the procurator…fiscal or by myself。〃
A clerk in the Sheriff…Clerk's office then officially produced
the Declaration; and corroborated the evidence of the witness who
had preceded him。
The appearance of the next witness created a marked sensation in
the Court。 This was no less a person than the nurse who had
attended Mrs。 Macallan in her last illnessby name Christina
Ormsay。
After the first formal answers; the nurse (examined by the Lord
Advocate) proceeded to say:
〃I was first sent for to attend the deceased lady on the 7th of
October。 She was then suffering from a severe cold; accompanied
by a rheumatic affection of the left knee…joint。 Previous to this
I understood that her health had been fairly good。 She was not a
very difficult person to nurse when you got used to her; and
understood how to manage her。 The main difficulty was caused by
her temper。 She was not a sullen person; she was headstrong and
violenteasily excited to fly into a passion; and quite reckless
in her fits of anger as to what she said or did。 At such times I
really hardly think she knew what she was about。 My own idea is
that her temper was made still more irritable by unhappiness in
her married life。 She was far from being a reserved person。
Indeed; she was disposed (as I thought) to be a little too
communicative about herself and her troubles with persons like me
who were beneath her in station。 She did not scruple; for
instance; to tell me (when we had been long enough together to
get used to each other) that she was very unhappy; and fretted a
good deal about her husband。 One night; when she wa