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husband more critical than ever。
Andrew Kinlay； druggist； of Edinburgh； deposed as follows：
〃I keep a special registry book of the poisons sold by me。 I
produce the book。 On the date therein mentioned the prisoner at
the bar； Mr。 Eustace Macallan； came into my shop； and said that
he wished to purchase some arsenic。 I asked him what it was
wanted for。 He told me it was wanted by his gardener； to be used；
in solution； for the killing of insects in the greenhouse。 At the
same time he mentioned his nameMr。 Macallan； of Gleninch。 I at
once directed my assistant to put up the arsenic （two ounces of
it）； and I made the necessary entry in my book。 Mr。 Macallan
signed the entry； and I signed it afterward as witness。 He paid
for the arsenic； and took it away with him wrapped up in two
papers； the outer wrapper being labeled with my name and address；
and with the word 'Poison' in large lettersexactly like the
label now produced on the piece of paper found at Gleninch。〃
The next witness； Peter Stockdale （also a druggist of Edinburgh）；
followed； and said：
〃The prisoner at the bar called at my shop on the date indicated
on my register； some days later than the date indicated in the
register of Mr。 Kinlay。 He wished to purchase sixpenny…worth of
arsenic。 My assistant； to whom he had addressed himself； called
me。 It is a rule in my shop that no one sells poisons but myself。
I asked the prisoner what he wanted the arsenic for。 He answered
that he wanted it for killing rats at his house； called Gleninch。
I said； 'Have I the honor of speaking to Mr。 Macallan； of
Gleninch？' He said that was his name。 I sold him the
arsenicabout an ounce and a halfand labeled the bottle in
which I put it with the word 'Poison' in my own handwriting。 He
signed the register； and took the arsenic away with him； after
paying for it。〃
The cross…examination of the two men succeeded in asserting
certain technical objections to their evidence。 But the terrible
fact that my husband himself had actually purchased the arsenic
in both cases remained unshaken。
The next witnessesthe gardener and the cook at Gleninchwound
the chain of hostile evidence around the prisoner more
mercilessly still。
On examination the gardener said； on his oath：
〃I never received any arsenic from the prisoner； or from any one
else； at the date to which you refer； of at any other date。 I
never used any such thing as a solution of arsenic； or ever
allowed the men working under me to use it； in the conservatories
or in the garden at Gleninch。 I disapprove of arsenic as a means
of destroying noxious insects infesting flowers and plants。〃
The cook； being called next； spoke as positively as the gardener：
〃Neither my master nor any other person gave me any arsenic to
destroy rats at any time。 No such thing was wanted。 I declare； on
my oath； that I never saw any rats in or about the house； or ever
heard of any rats infesting it。〃
Other household servants at Gleninch gave similar evidence。
Nothing could be extracted from them on cross…examination except
that there might have been rats in the house； though they were
not aware of it。 The possession of the poison was traced directly
to my husband； and to no one else。 That he had bought it was
actually proved； and that he had kept it was the one conclusion
that the evidence justified。
The witnesses who came next did their best to press the charge
against the prisoner home to him。 Having the arsenic in his
possession； what had he done with it？ The evidence led the jury
to infer what he had done with it。
The prisoner's valet deposed that his master had rung for him at
twenty minutes to ten on the morning of the day on which his
mistress died； and had ordered a cup of tea for her。 The man had
received the order at the open door of Mrs。 Macallan's room； and
could positively swear that no other person but his master was
there at the time。
The under…housemaid； appearing next； said that she had made the
tea； and had herself taken it upstairs before ten o'clock to Mrs。
Macallan's room。 Her master had received it from her at the open
door。 She could look in； and could see that he was alone in her
mistress's room。
The nurse； Christina Ormsay； being recalled； repeated what Mrs。
Macallan had said to her on the day when that lady was first
taken ill。 She had said （speaking to the nurse at six o'clock in
the morning）； 〃Mr。 Macallan came in about an hour since； he found
me still sleepless； and gave me my composing draught。〃 This was
at five o'clock in the morning； while Christina Ormsay was asleep
on the sofa。 The nurse further swore that she had looked at the
bottle containing the composing mixture； and had seen by the
measuring marks on the bottle that a dose had been poured out
since the dose previously given； administered by herself。
On this occasion special interest was excited by the
cross…examination。 The closing questions put to the
under…housemaid and the nurse revealed for the first time what
the nature of the defense was to be。
Cross…examining the under…housemaid； the Dean of Faculty said：
〃Did you ever notice when you were setting Mrs。 Eustace
Macallan's room to rights whether the water left in the basin was
of a blackish or bluish color？〃 The witness answered； 〃I never
noticed anything of the sort。〃
The Dean of Faculty went on：
〃Did you ever find under the pillow of the bed； or in any other
hiding place in Mrs。 Macallan's room； any books or pamphlets
telling of remedies used for improving a bad complexion？〃 The
witness answered； 〃No。〃
The Dean of Faculty persisted：
〃Did you ever hear Mrs。 Macallan speak of arsenic； taken as a
wash or taken as a medicine； as a good thing to improve the
complexion？〃 The witness answered； 〃Never。〃
Similar questions were next put to the nurse； and were all
answered by this witness also in the negative。
Here； then； in spite of the negative answers； was the plan of the
defense made dimly visible for the first time to the jury and to
the audience。 By way of preventing the possibility of a mistake
in so serious a matter； the Chief Judge （the Lord Justice Clerk）
put this plain question； when the witnesses had retired； to the
Counsel for the defense：
〃The Court and the jury；〃 said his lordship； 〃wish distinctly to
understand the object of your cross…examination of the housemaid
and the nurse。 Is it the theory of the defense that Mrs。 Eustace
Macallan used the arsenic whichher husband purchased for the
purpose of improving the defects of her complexion？〃
The Dean of Faculty answered：
〃That is what we say； my lord； and what we propose to prove as
the foundation of the defense。 We cannot dispute the medical
evidence which declares that Mrs。 Macallan died poisoned。 But we
assert that she died of an overdose of arsenic； ignorantly taken；
in the privacy of her own room； as a remedy for the defectsthe
proved and admitted defectsof her complexion。 The prisoner's
Declaration before the Sheriff expressly sets forth that he
purchased the arsenic at the request of his wife。〃
The Lord Justice Clerk inquired upon this if there were any
objection on the part of either of the learned counsel to have
the Declaration read in Court before the Trial proceeded further。
To this the Dean of Faculty replied that he would be glad to have
the Declaration read。 If he might use the expression； it would
usefully pave the way in the minds of the jury for the defense
which he had to submit to them。
The Lord Advocate （speaking on the other side） was happy to be
able to accommodate his learned brother in this matter。 So long
as the mere assertions which the Declaration contained were not
supported by proof； he looked upon that document as evidence for
the prosecution； and he too was quite willing to have it read。
Thereupon the prisoner's Declaration of his innocenceon being
char ged before the Sheriff with the murder of his wifewas
read； in the following terms：
〃I bought the two packets of arsenic； on each occasion at my
wife's own request。 On the first occasion she told me the poison
was wanted by the gardener for use in the conservatories。 On the
second occasion she said it was required by the cook for ridding
the lower part of the house of rats。
〃I handed both packets of arsenic to my wife immediately on my
return home。 I had nothing to do with the poison after buying it。
My wife was the person who gave orders to the gardener and
cooknot I。 I never held any communication with either of them。
〃I asked my wife no questions about the use of the arsenic；
feeling no interest in the subject。 I never entered the
conservatories for months together； I care little about flowers。
As for the rats； I left the killing of them to the cook and the
other servants； just as I should have left any other part of the
domestic business to the cook and the other servants。
〃My wife never told me she wanted the arsenic to improve her
complexion。 Surely I should be the last person admitted to the
knowledge of such a secret of her toilet as that？ I implicitly
believed what she told me； viz。； that the poison was wanted for
the purposes specified by the gardener and the cook。
〃I assert p