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 Drama--the 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 Indictment--together with
certain documents, papers and articles, enumerated in an
Inventory--to 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 it--and 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.