"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 defects--the proved and admitted defects--of 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 innocence--on being char ged before the Sheriff with the murder of his wife--was 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 cook--not 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 positively that I lived on friendly terms with my wife, allowing, of course, for the little occasional disagreements and misunderstandings of married life. Any sense of disappointment in connection with my marriage which I might have felt privately Iconceived it to be my duty as a husband and a gentleman to conceal from my wife. I was not only shocked and grieved by her untimely death--I was filled with fear that I had not, with all my care, behaved affectionately enough to her in her lifetime.
"Furthermore, I solemnly declare that I know no more of how she took the arsenic found in her body than the babe unborn. I am innocent even of the thought of harming that unhappy woman. Iadministered the composing draught exactly as I found it in the bottle. I afterward gave her the cup of tea exactly as I received it from the under-housemaid's hand. I never had access to the arsenic after I placed the two packages in my wife's possession.
I am entirely ignorant of what she did with them or of where she kept them. I declare before God I am innocent of the horrible crime with which I am charged."With the reading of those true and touching words the proceedings on the second day of the Trial came to an end.
So far, I must own, the effect on me of reading the Report was to depress my spirits and to lower my hopes. The whole weight of the evidence at the close of the second day was against my unhappy husband. Woman as I was, and partisan as I was, I could plainly see that.
The merciless Lord Advocate (I confess I hated him!) had proved (1) that Eustace had bought the poison; (2) that the reason which he had given to the druggists for buying the poison was not the true reason; (3) that he had had two opportunities of secretly administering the poison to his wife. On the other side, what had the Dean of Faculty proved? As yet--nothing. The assertions in the prisoner's Declaration of his innocence were still, as the Lord Advocate had remarked, assertions not supported by proof.
Not one atom of evidence had been produced to show that it was the wife who had secretly used the arsenic, and used it for her complexion.
My one consolation was that the reading of the Trial had already revealed to me the helpful figures of two friends on whose sympathy I might surely rely. The crippled Mr. Dexter had especially shown himself to be a thorough good ally of my husband's. My heart warmed to the man who had moved his chair against the bedside table--the man who had struggled to the last to defend Eustace's papers from the wretches who had seized them.
I decided then and there that the first person to whom I would confide my aspirations and my hopes should be Mr. Dexter. If he felt any difficulty about advising me, I would then apply next to the agent, Mr. Playmore--the second good friend, who had formally protested against the seizure of my husband's papers.
Fortified by this resolution, I turned the page, and read the history of the third day of the Trial.
