The Law and the Lady

conversation could not charm. To say that such a wife as this could be first cruelly neglected, and then barbarously murdered, by the man—no! by the martyr—who 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 her—with 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 women—so 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 arsenic—I mean the question of tracing that poison to the possession of Mrs. Eustace Macallan—I 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 form—entirely 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 it—and, 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 label—on 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 time—if 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 slightingly—so rudely, I might almost say—as 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 distant corner of the Court. The Lord Advocate rose to address the Jury for the prosecution.

I do not scruple to say that I never read anything so infamous as this great lawyer's speech. He was not ashamed to declare, at starting, that he firmly believed the prisoner to be guilty. What right had he to say anything of the sort? Was it for him to decide? Was he the Judge and Jury both, I should like to know? Having begun by condemning the prisoner on his own authority, the Lord Advocate proceeded to pervert the most innocent actions of that unhappy man so as to give them as vile an aspect as possible. Thus: When Eustace kissed his poor wife's forehead on her death-bed, he did it to create a favorable impression in the minds of the doctor and the nurse! Again, when his grief under his bereavement completely overwhelmed him, he was triumphing in secret, and acting a part! If you looked into his heart, you would see there a diabolical hatred for his wife and an infatuated passion for Mrs. Beauly! In everything he had said he had lied; in everything he had done he had acted like a crafty and heartless wretch! So the chief counsel for the prosecution spoke of the prisoner,