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doctors' message; I doubt if he would have ventured to charge the
prisoner with the murder of his wife。 To my mind the charge was
nothing less than an outrage。 I resisted the seizure of the
prisoner's Diary and letters; animated by that feeling。 Now that
the Diary has been produced; I agree with the prisoner's mother
in denying that it is fair evidence to bring against him。 A Diary
(when it extends beyond a bare record of facts and dates) is
nothing but an expression of the poorest and weakest side in the
character of the person who keeps it。 It is; in nine cases out of
ten; the more or less contemptible outpouring of vanity and
conceit which the writer dare not exhibit to any mortal but
himself。 I am the prisoner's oldest friend。 I solemnly declare
that I never knew he could write downright nonsense until I heard
his Diary read in this Court!
〃_He_ kill his wife! _He_ treat his wife with neglect and
cruelty! I venture to say; from twenty years' experience of him;
that there is no man in this assembly who is constitutionally
more incapable of crime and more incapable of cruelty than the
man who stands at the Bar。 While I am about it; I go further
still。 I even doubt whether a man capable of crime and capable of
cruelty could have found it in his heart to do evil to the woman
whose untimely death is the subject of this inquiry。
〃I have heard what the ignorant and prejudiced nurse; Christina
Ormsay; has said of the deceased lady。 From my own personal
observation; I contradict every word of it。 Mrs。 Eustace
Macallangranting her personal defectswas nevertheless one of
the most charming women I ever met with。 She was highly bred; in
the best sense of the word。 I never saw in any other person so
sweet a smile as hers; or such grace and beauty of movement as
hers。 If you liked music; she sang beautifully; and few professed
musicians had such a touch on the piano as hers。 If you preferred
talking; I never yet met with the man (or even the woman; which
is saying a great deal more) whom her conversation could not
charm。 To say that such a wife as this could be first cruelly
neglected; and then barbarously murdered; by the manno! by the
martyrwho stands there; is to tell me that the sun never shines
at noonday; or that the heaven is not above the earth。
〃Oh yes! I know that the letters of her friends show that she
wrote to them in bitter complaint of her husband's conduct to
her。 But remember what one of those friends (the wisest and the
best of them) says in reply。 'I own to thinking;' she writes;
'that your sensitive nature exaggerates
or misinterprets the neglect that you experience at the hands of
your husband。' There; in that one sentence; is the whole truth!
Mrs。 Eustace Macallan's nature was the imaginative;
self…tormenting nature of a poet。 No mortal love could ever have
been refined enough for _her。_ Trifles which women of a coarser
moral fiber would have passed over without notice; were causes of
downright agony to that exquisitely sensitive temperament。 There
are persons born to be unhappy。 That poor lady was one of them。
When I have said this; I have said all。
〃No! There is one word more still to be added。
〃It may be as well to remind the prosecution that Mrs。 Eustace
Macallan's death was in the pecuniary sense a serious loss to her
husband。 He had insisted on having the whole of her fortune
settled on herself; and on her relatives after her; when he
married。 Her income from that fortune helped to keep in splendor
the house and grounds at Gleninch。 The prisoner's own resources
(aided even by his mother's jointure) were quite inadequate fitly
to defray the expenses of living at his splendid country…seat。
Knowing all the circumstances; I can positively assert that the
wife's death has deprived the husband of two…thirds of his
income。 And the prosecution; viewing him as the basest and
cruelest of men; declares that he deliberately killed herwith
all his pecuniary interests pointing to the preservation of her
life!
〃It is useless to ask me whether I noticed anything in the
conduct of the prisoner and Mrs。 Beauly which might justify a
wife's jealousy。 I never observed Mrs。 Beauly with any attention;
and I never encouraged the prisoner in talking to me about her。
He was a general admirer of pretty womenso far as I know; in a
perfectly innocent way。 That he could prefer Mrs。 Beauly to his
wife is inconceivable to me; unless he were out of his senses。 I
never had any reason to believe that he was out of his senses。
〃As to the question of the arsenicI mean the question of
tracing that poison to the possession of Mrs。 Eustace MacallanI
am able to give evidence which may; perhaps; be worthy of the
attention of the Court。
〃I was present in the Fiscal's office during the examination of
the papers; and of the other objects discovered at Gleninch。 The
dressing…case belonging to the deceased lady was shown to me
after its contents had been officially investigated by the Fiscal
himself。 I happen to have a very sensitive sense of touch。 In
handling the lid of the dressing…case; on the inner side I felt
something at a certain place which induced me to examine the
whole structure of the lid very carefully。 The result was the
discovery of a private repository concealed in the space between
the outer wood and the lining。 In that repository I found the
bottle which I now produce。〃
The further examination of the witness was suspended while the
hidden bottle was compared with the bottles properly belonging to
the dressing…case。
These last were of the finest cut glass; and of a very elegant
formentirely unlike the bottle found in the private repository;
which was of the commonest manufacture; and of the shape
ordinarily in use among chemists。 Not a drop of liquid; not the
smallest atom of any solid substance; remained in it。 No smell
exhaled from itand; more unfortunately still for the interests
of the defense; no label was found attached to the bottle when it
had been discovered。
The chemist who had sold the second supply of arsenic to the
prisoner was recalled and examined。 He declared that the bottle
was exactly like the bottle in which he had placed the arsenic。
It was; however; equally like hundreds of other bottles in his
shop。 In the absence of the label (on which he had himself
written the word 〃Poison〃); it was impossible for him to identify
the bottle。 The dressing…case and the deceased lady's bedroom had
been vainly searched for the chemist's missing labelon the
chance that it might have become accidentally detached from the
mysterious empty bottle。 In both instances the search had been
without result。 Morally; it was a fair conclusion that this might
be really the bottle which had contained the poison。 Legally;
there was not the slightest proof of it。
Thus ended the last effort of the defense to trace the arsenic
purchased by the prisoner to the possession of his wife。 The book
relating the practices of the Styrian peasantry (found in the
deceased lady's room) had been produced But could the book prove
that she had asked her husband to buy arsenic for her? The
crumpled paper; with the grains of powder left in it; had been
identified by the chemist; and had been declared to contain
grains of arsenic。 But where was the proof that Mrs。 Eustace
Macallan's hand had placed the packet in the cabinet; and had
emptied it of its contents? No direct evidence anywhere! Nothing
but conjecture!
The renewed examination of Miserrimus Dexter touched on matters
of no general interest。 The cross…examination resolved itself; in
substance; into a mental trial of strength between the witness
and the Lord Advocate; the struggle terminating (according to the
general opinion) in favor of the witness。 One question and one
answer only I will repeat here。 They appeared to me to be of
serious importance to the object that I had in view in reading
the Trial。
〃I believe; Mr。 Dexter;〃 the Lord Advocate remarked; in his most
ironical manner; 〃that you have a theory of your own; which makes
the death of Mrs。 Eustace Macallan no mystery to _you?_〃
〃I may have my own ideas on that subject; as on other subjects;〃
the witness replied。 〃But let me ask their lordships; the Judges:
Am I here to declare theories or to state facts?〃
I made a note of that answer。 Mr。 Dexter's 〃ideas〃 were the ideas
of a true friend to my husband; and of a man of far more than
average ability。 They might be of inestimable value to me in the
coming timeif I could prevail on him to communicate them。
I may mention; while I am writing on the subject; that I added to
this first note a second; containing an observation of my own。 In
alluding to Mrs。 Beauly; while he was giving his evidence; Mr。
Dexter had spoken of her so slightinglyso rudely; I might
almost sayas to suggest he had some strong private reasons for
disliking (perhaps for distrusting) this lady。 Here; again; it
might be of vital importance to me to see Mr。 Dexter; and to
clear up; if I could; what the dignity of the Court had passed
over without notice。
The last witness had been now examined。 The chair on wheels
glided away with the half…man in it; and was lost in a d