After briefly consulting together, the Judges unanimously decided that the evidence could not be admitted. What the witness had herself seen and observed of the relations between the husband and wife was the only evidence that they could receive.
The Lord Advocate thereupon continued his examination of the witness. Christina Ormsay resumed her evidence as follows:
'My position as nurse led necessarily to my seeing more of Mrs. Macallan than any other person in the house. I am able to speak from experience of many things not known to others who were only in her room at intervals.
'For instance, I had more than one opportunity of personally observing that Mr. and Mrs. Macallan did not live together very happily. I can give you an example of this, not drawn from what others told me, but from what I noticed for myself.
'Toward the latter part of my attendance on Mrs. Macallan, a young widow lady named Mrs. Beauly—a cousin of Mr. Macallan's—came to stay at Gleninch. Mrs. Macallan was jealous of this lady; and she showed it in my presence only the day before her death, when Mr. Macallan came into her room to inquire how she had passed the night. 'Oh,' she said, 'never mind how
'It may not be amiss to add a word which may help to explain Mrs. Macallan's jealousy of her husband's cousin. Mrs. Macallan was a very plain woman. She had a cast in one of her eyes, and (if I may use the expression) one of the most muddy, blotchy complexions it was ever my misfortune to see in a person's face. Mrs. Beauly, on the other hand, was a most attractive lady. Her eyes were universally admired, and she had a most beautifully clear and delicate color. Poor Mrs. Macallan said of her, most untruly, that she painted.
'No; the defects in the complexion of the deceased lady were not in any way attributable to her illness. I should call them born and bred defects in herself.
'Her illness, if I am asked to describe it, I should say was troublesome—nothing more. Until the last day there were no symptoms in the least degree serious about the malady that had taken her. Her rheumatic knee was painful, of course—acutely painful, if you like—when she moved it; and the confinement to bed was irksome enough, no doubt. But otherwise there was nothing in the lady's condition, before the fatal attack came, to alarm her or anybody about her. She had her books and her writing materials on an invalid table, which worked on a pivot, and could be arranged in any position most agreeable to her. At times she read and wrote a good deal. At other times she lay quiet, thinking her own thoughts, or talking with me, and with one or two lady friends in the neighborhood who came regularly to see her.
'Her writing, so far as I knew, was almost entirely of the poetical sort. She was a great hand at composing poetry. On one occasion only she showed me some of her poems. I am no judge of such things. Her poetry was of the dismal kind, despairing about herself, and wondering why she had ever been born, and nonsense like that. Her husband came in more than once for some hard hits at his cruel heart and his ignorance of his wife's merits. In short, she vented her discontent with her pen as well as with her tongue. There were times—and pretty often too —when an angel from heaven would have failed to have satisfied Mrs. Macallan.
'Throughout the period of her illness the deceased lady occupied the same room—a large bedroom situated (like all the best bedrooms) on the first floor of the house.
'Yes: the plan of the room now shown to me is quite accurately taken, according to my remembrance of it. One door led into the great passage, or corridor, on which all the doors opened. A second door, at one side (marked B on the plan), led to Mr. Macallan's sleeping-room. A third door, on the opposite side (marked C on the plan), communicated with a little study, or book-room, used, as I was told, by Mr. Macallan's mother when she was staying at Gleninch, but seldom or never entered by any one else. Mr. Macallan's mother was not at Gleninch while I was there. The door between the bedroom and this study was locked, and the key was taken out. I don't know who had the key, or whether there were more keys than one in existence. The door was never opened to my knowledge. I only got into the study, to look at it along with the housekeeper, by entering through a second door that opened on to the corridor.
'I beg to say that I can speak from my own knowledge positively about Mrs. Macallan's illness, and about the sudden change which ended in her death. By the doctor's advice I made notes at the time of dates and hours, and such like. I looked at my notes before coming here.
'From the 7th of October, when I was first called in to nurse her, to the 20th of the same month, she slowly but steadily improved in health. Her knee was still painful, no doubt; but the inflammatory look of it was disappearing. As to the other symptoms, except weakness from lying in bed, and irritability of temper, there was really nothing the matter with her. She slept badly, I ought perhaps to add. But we remedied this by means of composing draughts prescribed for that purpose by the doctor.
'On the morning of the 21st, at a few minutes past six, I got my first alarm that something was going wrong with Mrs. Macallan.
'I was awoke at the time I have mentioned by the ringing of the hand-bell which she kept on her bed-table. Let me say for myself that I had only fallen asleep on the sofa in the bedroom at past two in the morning from sheer fatigue. Mrs. Macallan was then awake. She was in one of her bad humors with me. I had tried to prevail on her to let me remove her dressing-case from her bed-table, after she had used it in making her toilet for the night. It took up a great deal of room; and she could not possibly want it again before the morning. But no; she insisted on my letting it be. There was a glass inside the case; and, plain as she was, she never wearied of looking at herself in that glass. I saw that she was in a bad state of temper, so I gave her her way, and let the dressing-case be. Finding that she was too sullen to speak to me after that, and too obstinate to take her composing draught from me when I offered it, I laid me down on the sofa at her bed foot, and fell asleep, as I have said.
'The moment her bell rang I was up and at the bedside, ready to make myself useful.
'I asked what was the matter with her. She complained of faintness and depression, and said she felt sick. I inquired if she had taken anything in the way of physic or food while I had been asleep. She answered that her husband had come in about an hour since, and, finding her still sleepless, had himself administered the composing draught. Mr. Macallan (sleeping in the next room) joined us while she was speaking. He too had been aroused by