Brydehaven in their opinions on the propriety of the marriage but on all the material points they supported her testimony, and confirmed the serious impression which the first witness had produced on every person in Court.
The next evidence which the prosecution proposed to put in was the silent evidence of the letters and the Diary found at Gleninch.
In answer to a question from the Bench, the Lord Advocate stated that the letters were written by friends of the prisoner and his deceased wife, and that passages in them bore directly on the terms on which the two associated in their married life. The Diary was still more valuable as evidence. It contained the prisoner's daily record of domestic events, and of the thoughts and feelings which they aroused in him at the time.
A most painful scene followed this explanation.
Writing, as I do, long after the events took place, I still cannot prevail upon myself to describe in detail what my unhappy husband said and did at this distressing period of the Trial. Deeply affected while Lady Brydehaven was giving her evidence, he had with difficulty restrained himself from interrupting her. He now lost all control over his feelings. In piercing tones, which rang through the Court, he protested against the contemplated violation of his own most sacred secrets and his wife's most sacred secrets. 'Hang me, innocent as I am!' he cried, 'but spare me
The three Judges retired to consider the legal question submitted to them. The sitting was suspended for more than half an hour.
As usual in such cases, the excitement in the Court communicated itself to the crowd outside in the street. The general opinion here—led, as it was supposed, by one of the clerks or other inferior persons connected with the legal proceedings—was decidedly adverse to the prisoner's chance of escaping a sentence of death. 'If the letters and the Diary are read,' said the brutal spokesman of the mob, 'the letters and the Diary will hang him.'
On the return of the Judges into Court, it was announced that they had decided, by a majority of two to one, on permitting the documents in dispute to be produced in evidence. Each of the Judges, in turn, gave his reasons for the decision at which he had arrived. This done, the Trial proceeded. The reading of the extracts from the letters and the extracts from the Diary began.
The first letters produced were the letters found in the Indian cabinet in Mrs. Eustace Macallan's room. They were addressed to the deceased lady by intimate (female) friends of hers, with whom she was accustomed to correspond. Three separate extracts from letters written by three different correspondents were selected to be read in Court.
FIRST CORRESPONDENT: 'I despair, my dearest Sara, of being able to tell you how your last letter has distressed me. Pray forgive me if I own to thinking that your very sensitive nature exaggerates or misinterprets, quite unconsciously, of course, the neglect that you experience at the hands of your husband. I cannot say anything about
SECOND CORRESPONDENT: 'How can you be so foolish, Sara, as to waste your love on such a cold-blooded brute as your husband seems to be? To be sure, I am not married yet, or perhaps I should not be so surprised at you. But I shall be married one of these days, and if my husband ever treat me as Mr. Macallan treats you, I shall insist on a separation. I declare, I think I would rather be actually beaten, like the women among the lower orders, than be treated with the polite neglect and contempt which you describe. I burn with indignation when I think of it. It must be quite insufferable. Don't bear it any longer, my poor dear. Leave him, and come and stay with me. My brother is a lawyer, as you know. I read to him portions of your letter, and he is of opinion that you might get what he calls a judicial separation. Come and consult him.'
THIRD CORRESPONDENT: 'YOU know, my dear Mrs. Macallan, what
With those abominable lines the readings from the letters of the women came to an end. The first and longest of the Extracts produced the most vivid impression in Court. Evidently the writer was in this case a worthy and sensible person. It was generally felt, however, that all three of the letters, no matter how widely they might differ in tone, justified the same conclusion. The wife's position at Gleninch (if the wife's account of it were to be trusted) was the position of a neglected and an unhappy woman.
The correspondence of the prisoner, which had been found, with his Diary, in the locked bed-table drawer, was produced next. The letters in this case were with one exception all written by men. Though the tone of them was moderation itself as compared with the second and third of the women's letters, the conclusion still pointed the same way. The life of the husband at Gleninch appeared to be just as intolerable as the life of the wife.
For example, one of the prisoner's male friends wrote inviting him to make a yacht voyage around the world. Another suggested an absence of six months on the Continent. A third recommended field-sports and fishing. The one object aimed at by all the writers was plainly to counsel a separation, more or less plausible and more or less