^^ m\ If ^ ' S t THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES GLENGARRY'S WAY AND OTHER STUDIES By the same Author TWELVE SCOTS TRIALS THE RIDDLE OF THE RUTHVENS AND OTHER STUDIES III Ihe "Xotahle Trial" Spriefi' DR PRITCHARD DEACON BRODIE CAPTAIX PORTEOUS OSCAR SLATER MRS M'LACHLAK MARY BLANDY P.IRKE AND HARE ^t::^^^^ B^4^a^:^^s^. GLENGAIIilY S AVAY AND OTIIKR STUDIES BY WILLIAM ROUGHEAD AUTHOR OF 'TWELVE SCOTS TRIALS," "THK RIDnLE OF THE KUTHVE.NS," ETC. With Nine Illustrations I asked liini wliat might l)e his immediate purpose, toucliing his future movements. He answered, to go to sea again, in his old vocation. — Herman Melville : Mohy-Dich, EDTNBUR(JH W. GREEN k SON, LIMITED MCMXXTT PEIN-TKD IM GREAT BRITAIN BY NKILL AND CO., LTD. EDINBURGH h\RlS To HUGH WALPOLE OLD LAMPS FOR NEW A PERSONAL PREFACE rpiHERE is popular warrant for the belief that even of a good thing we can have too nuicli, and this being my third public appearance in the same role, the reader, how- ever gentle, may be tempted to exclaim with the apocalyptic martyrs, "How long?" But as in tins free and happy country of ours the accused is no longer gagged, I claim my statutory right to be heard in m}^ own defence. In the last year of what has been termed on high official authority the Bad Old World, my first volume of essays, Twelve Scots Trials, saw the light. Greeted auspiciously, they were doing as well as could be wished, and seemed like to thrive, when their young promise was prematurely blighted by the whirlwind of the Great AVar. After the storm their youth was relatively renewed, and I am glad to know that there is yet life in them. Juliet's brave pro- nouncement touching the unimportance of a name has passed into a proverb ; still, although a rose catalogued as a cauliflower should lose nothing of its perfume, its appeal to other than vegetarians would be largely nugatory. Sharing as I do Mr. Shandy's opinion on the magic quality residing in names, by which for weal or woe the fortunes of their possessors are influenced, I luu'e always considered that my venture suffered in its baptism, l^'or its title I, though the only begetter of the contents, was not respon- sible ; but I felt from the first, and experience has confirmed the impression, that of those three fateful words two at least were unhappily chosen. "Scots" tended to arouse viii A PERSONAL PREFACE hereditary prejudice in such of "our auld enemies of England " as might otherwise have been willing to lend me an ear. '' Trials " suggested to the lay mind either the bloomless technicalities of law reports or the raw and ribald obscenities of the baser press. Had they been " a baker's dozen " the game would have been up indeed. Upon the first count, while I hold Scottish crime and our judicial methods of dealing with it to be more dramatic and picturesque — in both senses, more effective — than those which obtain beyond the Border, I allow that my judgment may not be free from patriotic bias. Upon the second, while I admit to strict realism, I hope that the manner of presentment is a redeeming feature. To an unwholesome craving for " sensation " as such I have ever declined to pander. They, the trials, were carefully culled as examples from three centuries of Caledonian wickedness, and their value resides in the light they cast upon the social history of our race in its darker and less admirable aspects. The repulsive blend of religious enthusiasm and abandoned depravity observable in so many cases must, I fear, be accepted as an unlovely national trait : one meets with It again and again in studying our criminal annals. While I acknowledge a general weakness for these black sheep of mine, I regard Katharine Nairn as the flower of my nefarious flock. She takes precedence, for me, of all her so gifted sisters who have played their parts in the Justiciary Opera, the unique performance of Madeleine Smith — our 20vima donna assoluta — alone excepted. The three bene- ficiaries of the verdict Not Proven, selected as typical instances of the abuse of that via media by incompetent or feeble juries, have been to my surprise mistaken by some reviewers for victims of our peculiar practice ! In these, as elsewhere, I tried to state the facts impartially ; yet I A PERSONAL PREFACE ix should have thoug-ht that here they spoke for themselves, and that with no doubtful voice. The Dunecht and the Arran cases were objected to as being essentially inadequate to their striking and spectacular settings ; but for this, of course, the narrator is in no wise to blame : it is not his fault if criminals cannot always rise to the measure of their opportunities. Not that I complain of criticism. No ; my reviewers have ever tempered judgment with mercy, and I am very sensible of their long-suffering. The late Mr. Charles E. Green, whose firm in 1913 published my book, invited me to contribute to the Juridical Revieiv, of wliicli he was then the editor, a series of similar essays. Despite the belief expressed by an optimistic critic of the volume that in it, and in other separate contributions of mine to the literature of the subject, I must have well-nigh exhausted the crop of Scottish crime, I contrived to add to my former harvest a number of fresh sheaves. These in the fullness of time were duly garnered in The Riddle of the Ruthvejis and Other Studies, published in 1919, as to which in view of its comparative youth there is no need to say much now. I was told that some apology is due to Robert Fergusson for my exhibition of his engaging figure in such godless company, an association which Avas justly termed incon- gruous. I did so lor two reasons : I wished to speak a good word for the lad, and the occasion served to say it ; I also believed that his touching story would prove an acceptable antidote to the naughtiness of his companions. For the other subjects of Tlie Riddle I went somewhat further afield than formerly ; the historical and the criminal elements are better balanced, and I would fain hope that the interest is thereby increased. Since then I have con- tinued in tlie pages of the Juridical, with unabated zest, X A PEPuSOXAL PKEFACE my criminous researches, and readers of that journal may have been disposed to jib at my persistent appearances. I can only plead that as a taste for these pursuits, like stamp- collecting, wife-beating, and such recondite hobbies, grows wdth indulgence, it is not surprising, seeing the evil com- munications I have so long maintained, that I myself should become incorrigible. So here is a third gathering which I have the hardihood to put forth, and as to which I must offer some justification. Well, the paper on Glengarry was inspired by Raeburn's splendid portrait, to the end that so imposing a person should not lack some literary memorial ; that on Plagium, by a curious instance of out-of-the-way wrong-doing. The longest essay, in which an attempt is made to take what is called a bird's eye view of the wide field of Scottish poisoning, exemplifies the difficulty sometimes experienced in seeino- a wood for the trees. I know that it suffers from cono'estion, but I was wishful to cover so far as possible the whole ground. Two papers of earlier date for which no room was found in my last book are here reprinted : "Poison and Plagiary" and "The Strange Woman." Of these the Eaglesham case is important on legal, medical, and psychologic grounds. It is the first trial in Scotland and the third in Britain for murder by poisoning with prussic acid. Mrs. Mackinnon's was a famous affair in its day, and notwithstanding some disagreeable features is perhaps worth recalling. I had grave doubts as to the propriety of granting her admission, but certain local admirers have desired her presence, so here she is. If she be deemed unworthy of the entree, the reader is welcome, with Professor Monro, to cut her dead. With the amiable purpose of keeping him, the reader, in as cheerful a frame of mind as is consistent with the character of his company, A PERSONAL PEEFACE xi the paper on the Edinburgh students' " rag," which affords some comic relief, has been included. As its object is purely recreative and no appeal is made to the erudite, I have in this instance dispensed with the formality of footnote references. For the rest, " The Twenty-seven Gods " is a comedy of manners municipal ; A[r. Oliphant's case, legal farce with a tragic underplot ; M'Kean's, melo- drama of the Grand Guignol school. In the last article, that on the occasion of Lord Braxfield's bi-centenary, I was handicap23ed by having written elsewhere at large upon that great judge. I have tried, however, to present in a true and fairer light the attaching picture of his personality, hitherto so wantonly camouflaged b}' the party colours of Lord Cockburn. Finally, I am in honour bound to give the reader fair warning : there is still grist for the mill, and it is by no means certain that he is done with me even yet. WILLL4M KOUGHEAU 12 Belgrave Crescent, Edinburgh, April 1922. CONTENTS PAGR GtLengarry's Way : a Footnote to " Waverley " . .1 Plagium : A Footnote to "Guy Mannering" . . .27 Locusta in Scotland : a Familiar Survey of Poisoning, as Practised in that Realm ..... 47 Poison and Plagiary . . . . .119 The Strange Woman ...... 143 The Last Tulzie . . . , .167 The Twenty-Seven Gods of Linlithgow . . .197 The Hard Case of Mr. James Oliphant . . . 227 The Hanging of James M'Kean : Lord Braxfield's Last Case 251 The Bi-Centenary of Lord Braxfield . . . 275 ILLUSTRATIONS Lord Braxfiei.d ...... Frontispiece Macdonell of Glengarry . . . Tofacfpuye 22 Plan of Agnks Montgomery's Housk . . . „ 123 Execution at Libbkrton's Wynd-Head . . ,, 160 The College Comp.at . . . . . „ 170 Patrick Robertson . . . . . „ 178 James M'Kean at the Bar . . . . „ 269 Braxfield House, Lanarkshire . . . ,, 282 Braxfield House, the Original Front and Court- yard .......,, 296 GLENGARRY'S WAY: A FOOTNOTE TO "WAVERLEY" GLENGARRY'S WAY: A Footnote to "Waverley" Fight as lawyers plead, Who gain the best of reputation When they can fetch a bad cause smoothly off : You are in, tind must through. — A Cure for a Cuckold. WHEN the Author of Waverley designed the romantic figure of Fergus Maclvor he borrowed, we are told, certain traits for that fiery and impetuous chieftain fi-om the character of his old acquaintance, Glengarry. (a) The last of the Chiefs, the typical Celt, the enthusiastic upholder of the heritable and feudal braveries of a day that was gone, Alastair Ranaldson Macdonell, fifteenth of Glen- garry, was the son and heir of Duncan Macdonell and Marjory, daughter of Sir Ludovick Grant of Dalvey. His grandfather fell at Falkirk in 1746. The date of his birth is not recorded, but we know that his parents were married in 1772, and he was their eldest child. On the death of his father in 1788 Alastair succeeded as well to the much encumbered family estates, as to the no less burdensome traditions of an ancient and, pace Mr. Andrew Lang, an honourable house — his granduncle was "Alastair Ruadh," the young Glengarry whom that historian seeks to identify with the notorious Pickle. (6) Bereft thus early of paternal guidance and restraint, the lad's indisciplined nature flourished amain in the congenial atmosphere of his heredi- tary position. His mother, a woman of imperious and haughty temper, alternately crossed and petted him, and until her death in 1792 did all that in her lay to spoil him. (a) Mackenzie's History of the Macdonalds, p. 356 ; Crockett's The Scott Originals, p. 11 n. Captain MacTurk in -S'^ i?onon's TFe/^ owes something to the same source. {b) Macdonald's I'he Clan Donald, ii. 480 ; Lang's History of Scotland, iv. 525. 4 GLENGARKY'S WAY Yet he was not without certain good qualities which, like the virtues of some absolute monarch, tempered the severity of his rule. Provided due respect were paid to his pretensions, he was generous and placable enough ; he exer- cised a lavish hospitality, having in such matters, as was said, the heart of a prince, and he grudged nothing that ministered to his ancestral pride. But whatsoever he chose to deem an affront to his dignity or privileges awoke in him the primitive passions of his Celtic sires, hardly to be assuaged but by blood — a disposition which earned for him the sobriquet of " Alastair Fiadhaich."(a) In the peaceful times in which his lot was cast this idiosyncrasy tended to involve its possessor with the law of the land, and like that fair litigant Miss Rugg, Glengarry had his trials, one of which it is here my main purpose to describe. He himself, of course, wore always the " Garb of Old Gaul," and when he went abroad was attended by a retinue of armed followers in full Highland costume, popularly known as " Glengarry's tail," including the family bard as professional proclaimer of his patron's state. In 1794, on attaining his majority. Glengarry was authorised to raise a regim.ent, called the Glengarry Fencibles, of which he was appointed colonel. They are said to have been a fine body of men, more than half of whom were enlisted from the Glengarry estates. The corps was reduced in 1802.(6) Recruiting in the High- lands was, after the failure of the Forty-five, a matter of much difficulty ; Culloden had cooled the martial ardour of the clansmen, and landlords had to give an extra turn to the screw. Glengarry's method with the conscientious objector of the day appears from his instructions to his agent in Inverness regarding the eviction of such of his tenants as either for themselves, their sons or their brothers, declined the honour of military service. "Their leases being expired by Whitsunday first," he writes on (a) The Clan Donald, ii. 485. (6) Stewart's Sketches of the Highlanders, ii. 397. GLENGAPtRY'S WAY 5 29th November 1794, "and having refused to serve me, I have fully determined to warn them out, and turn them off my property without loss of time ; and as this is the first order of the kind I have given you since I came of age, I have only to add that your punctuality and expedition on the present occasion will be marked by me." (a) This hint was not lost upon the agent; the cottars were presently banished, and their kindly crofts knew them no more. On 1st May 1798 a subscription ball was given at Inverness by the officers of the regiment and gentlemen of the county, which was destined to make more noise in the world than is usual for such social functions. Thither, in full panoply of chieftainship, came Colonel Macdonell of Glengarry, his bosom swelling with the pride of all the Macdonalds. Miss Forbes of Culloden, a famous beauty, was the belle of the ball; and among the guests was Lieutenant Norman Macleod of the Black Watch, son of Major Macleod and Anne, daughter of the famous Flora Macdonald. The chief, the damsel, and the lad — these are the protagonists of the tragedy ; there was a lighter after- piece played that night by Miss Bell Chisholm, daughter of the Provost, supported by the gallant Captain Morrit, to which I shall return when the graver matter is disposed of. The circumstances of the fracas are shortly stated by Mrs. Margaret Macbean, a lady who attended the ball, in a letter written on 5th May to her husband in Edinburgh : — " Such wonderful events have happened here within these ten days past ; the like have not been heard of in this corner of the world this many a year — an elopement and a duel in one day. I am sure your curiosity is raised, but you must have a little patience until I relate the circumstances as they happened. Well, to begin, there was a grand ball, given by the officers and some of the county gentlemen, among the rest Glengarry. He payed Miss Forbes, Culloden, a deal of attention. Lieutenant Macleod of the 42nd asked her to {a) Fraser-Mackinto8h's Letters of Two Centuries, p. 328. 6 GLENGAREY'S WAY dance and she did. Glengarry wished her not, and spoke rough to Macleod. After the ball was over they quarrelled. Macleod challenged Macdonald ; they fought, and Macleod has got a severe wound, but not mortal ; the other has escaped without a scratch ; some people would not be sorry if he got a slight wound." (a) Thus Mrs. Macbean gives the current version, inaccurate as we shall find in several par- ticulars. Young Macleod's injury proved fatal, and Glen- garry was indicted for his murder. After the duel that chieftain had gone into retirement, and through his Edin- burgh " doer " he consulted Henry Erskine, the leader of the Scots Bar, who two years before had been deprived of the office of Dean of Faculty, as to whether or not it were safe for him to stand his trial. Erskine was of opinion that though the case was a very serious one, Glengarry ought to face the charge, and said if he returned for that purpose he (counsel) would do the best he could in his behalf. So Glengarry, electing to " stake his chance on Harry Erskine," surrendered to the criminal authorities. (6) His trial, which naturally excited immense interest in the North and among the Highland advocates and writers, began at Edinburgh before the High Court of Justiciary on Monday, 6th August 1798. The judge presiding was Lord Eskgrove — (the Justice-Clerk, Braxfield, was then in his last illness) — with Lords Swinton and Dunsinnan ; the counsel for the Crown were the Lord Advocate (Robert Dundas), the Solicitor-General (Robert Blair), and James Oswald ; Hugh Warrender, W.S., was Crown Agent; for the pannel were the Hon. Henry Erskine, James Montgomery, and William Rae, instructed by Coll Macdonald, W.S. The proceedings are fully reported in the local newspapers of the day, upon which, and on the official record in the Justiciary Office, Edinburgh, the following account is based. (c) The (a) I.etters of Two Centuries, p. 335. (6) Fergusson's Henry Ersldne, p. 395. (c) Books of Adjournal, 6th and 7th August ; Caledonian Mercury, 9th August ; Edinburgh Advertiser, 10th August ; Scots Magazine, September 1798. GLENGAERY'S WAY 7 Court was crowded to suffocation, and the temperature was in keeping with the excitement of the auditory. The indictment sets forth that on the 3rd day of May last, on the Muir or Links between Fort George and Ardersier, the pannel did wickedly and feloniously discharge a pistol loaded with ball at the now deceased Lieutenant Norman Macleod of the 42nd Regiment of Foot, in consequence of which Macleod was wounded on the right side immediately under the arm, the ball having penetrated through the right armpit into the back; and notwithstanding every medical assistance having been immediately procured, Macleod did, in consequence of the wound so given him by the pannel, expire on the 3rd day of June thereafter, and was thus murdered by the pannel. The jury were above the average in social condition, being twelve landed pro- prietors in the neighbourhood of Edinburgh, a Writer to the Signet, a writer, and a merchant. Mr. James Home, W.S., the only member of his Society whom I have encountered on an assize — they were and are exempt from serving on a jury, — was elected clerk. Glengarry pleaded Not Guilty. No objection was taken to the relevancy of the libel, but Rae for the pannel argued that the wound was given in a duel into which he was drawn in self-defence, under the most imperious necessity, and therefore craved that he be allowed a proof of all facts and circumstances which might alleviate or exculpate from the charge. The Court, while holding that by the law of Scotland killing in a duel was murder, not culpable homicide, and that a person tried therefor must either be found guilty of murder or be acquitted, allowed the proof craved. (a) " The libel was laid for Murder at Common Law," says Burnett in his account of the case ; " and the Court, before pronouncing their Interlocutor on the Relevancy, and on the plea of Self-defence being stated, expressed in clear terms (a) Books of Adjournal. 8 GLENGARRY'S WAY their opinion that the plea of* Self-defence was inadmissible on killing in a Duel."(<^) The first Avitness called for the Crown was Mrs. Duff, formerly Miss Sarah Louisa Forbes, daughter of Arthur Forbes of Culloden, she in the interval between the ball and the trial having married Mr. Hugh Robert Duff, younger of Muirtown. Among other delightful reminiscences of the eccentric Lord Eskgrove preserved by Henry Cockburn is the manner in which Mrs. DuflP was sworn by his Lord- ship : — " In the trial of Glengarry for murder in a duel," he writes, " a lady of great beauty was called as a witness. She came into court veiled. But before adminis- tering the oath Eskgrove gave her this exposition of her duty — ' l^'oung woman ! a^ou will now consider yourself as in the presence of Almighty God and of this High Court. Lift up your veil, throw off all modesty, and look me in the face.'"(?>) In reply to the Lord Advocate, Mrs. Duff deposed that she was present at the ball at Inver- ness on the night in question. She danced both with Glengarry and with Macleod that evening. She was en- gaged for the dance /ifter supper to Mr. Kanald Macdonald. Glengarry came up and said she had promised him that dance ; she told him that she had no recollection of doing so. He took this " a little warm," went off, and presently returned to say that Mr. Macdonald had relinquished in his favour the right to dance with her. She then said that she would dance with neither of them ; but Glengarry persisting to press his claim, Macleod, who was sitting beside her, remarked, " Why do you teaze the lady ? can't you allow her to choose for herself; you are one of the Stewards, and may command as many dances as you please." Whereupon Glengarry "in a passionate manner" retorted, "It is no business of yours ; you should not interfere." Macleod replied that he only did so in a friendly wa}^ and meant (a) Burnett's Treatise on the Criminal Latv of Scotland, p. 51. (6) Cockburn's Memorials of his Time, 1856, p. 122. GLENGAKRY'S WAY 9 no offence. Glengarry seemed warm, but Macleod was perfectly calm ; she danced a reel with hhn before leaving the ballroom, which on account of the dispute she did earlier than she intended. Eanald Macdonald, advocate, deposed that he dined with Macleod and Glengarry in the mess of the 79th ; none of the party was the worse of liquor. After dinner they went to the ball. He was engaged to Miss Forbes for the last country dance; Glengarry solicited the lady for his partner, and he gave up his own right. Glengarry and Macleod had words about the matter, but witness left the room to see some ladies to their carriage. On returning, he met the parties coming out of the ballroom ; they were quarrelling. Later, in the messroom of the 79th, high words passed between them ; Macleod said, " You are very impertinent " ; Glengarry struck him on the bonnet with his cane. They then came down the room, still abusing each other — a long table was between them, and when they reached the foot. Glengarry again struck Macleod on the face, and kicked him. Macleod drew his dirk and the witness came between them, saying he hoped Macleod would not think of running a man through who was unarmed. They were then separated and retired to different rooms, Macleod exclaiming, " You shall hear from me, you damned eternal rascal." Fearing the consequences, witness informed Major M'Caskill, the Commanding Officer, with a view to Macleod being put under arrest, which he believed was done. Captain Neil Campbell of the 79th Eegiment, Macleod's second in the duel, described the quarrel in the messroom. Glengarry said, "It was the height of presumption for you to interfere." " Since you have followed it so far," replied Macleod, "I must tell you you are most imper- tinent." Glengarry then struck Macleod on the face with his cane and kicked him twice on the breech with his feet, saying, "You know what that's for; it is now day- light, and you can use pen and ink." Macleod said he 10 GLENGARRY'S WAY could never have believed Glengarry would behave in so ungentlemanly a manner, and drawing his dirk, added, " If I were not more of a gentleman than you, I would run you through the body." The company interposed, and Macleod and witness went to another room, where a challenge was drawn up, which he carried at once to Glengarry. A meeting was arranged at a place called the Long Loan, on the beach near Inverness, for six o'clock that morning. Macleod and witness waited there an hour, but Glengarry, because of some misunderstanding as to the ground, did not appear, and they had to leave, owing to the intervention of the magistrates, who arrived on the scene to stop the duel. They next went to Sinclair's Inn, three miles from Inverness, on the road to Fort George, where at Macleod's request witness wrote a letter to Major Macdonald, Glengarry's second, informing him of their whereabouts, and that the place was "very proper" for settling the dispute. No answer came ; so they returned to Inverness, where witness waited upon the major, who said that Glengarry was then at Culloden House, but a reply would be sent in the morning. A meeting was arranged next day on the links at Campbelltown, near Fort George, where the parties met accordingly. Major Macdonald proposed an amicable settlement, to which Macleod agreed on condition that Glengarry should make an apology in writing, to be dictated by Majors M'Lean and M'Caskill, and also give up to him the cane with which he struck him, " to be used as he (Macleod) thought proper." Glengarry was willing to apologise, but refused to give up the cane ; and as Macleod would not recede, the affair had to go on. The witness produced pistols and balls ; as the latter proved too small he proposed to wrap them in leather, but to this the major would not assent. They then placed their men, witness suggesting ten paces, Macdonald twelve ; they agreed upon eleven, the witness to give the word to fire. The parties fired almost together ; Macleod was wounded but kept his ground, saying that GLENGARRY'S WAY 11 unless Glengarry would apologise they must load again. The seconds, however, intervened, and on Macleod ad- mitting sorrow for what he did at the beginning of the business. Glengarry expressed regret for his share in the later stages, so they shook hands and parted. Captain Campbell was cross-examined as follows : — " (Q.) What use do you think Lieutenant Macleod was to make of the cane if delivered up?— (^.) Any use he chose. (Q.) Do you mean that he might inflict a blow on Glengarry with it ? — (A.) If he thought fit to do so, he might." At Sinclair's Inn Macleod said that if Glengarry did not give him satis- faction he would post him for a coward. There was a report at Inverness that Glengarry had " shyed to fight." Lieutenant Kymond Hicks of the 79th Eegiment gave similar evidence regarding the quarrel in the messroom, at which he was present. It was then past five o'clock in the morning. Major Duncan Macdonald of the 15th Regiment of Foot, who acted as Glengarry's second, deponed that Macleod said to Glengarry in the messroom, "You are damned impertinent," whereupon Glengarry struck him with a small cane on the bonnet. There were high words between them and Glengarry struck him again ; witness interfered, and took Glengarry away. After receiving the challenge Glengarry put himself in his hands. They went to the ground proposed, but nobody came : there was a mistake as to the place of meeting. Glengarry did not see Captain Campbell's letter, written from Sinclair's Inn, as he was then at Culloden House. Later in the day witness met Captain Campbell and proposed an accommodation — the matter to be referred to Majors M'Caskill and M'Lean, friends of Macleod ; but Macleod stipulated for a written apology and for delivery of the cane, to be used as he saw fit. The latter condition witness held to be inadmissible, and the meeting at Campbelltown was arranged. Next day when the parties met he again tried to effect a settle- ment, but Macleod insisted on delivery of the cane, to 12 GLENGAREY'S WAY wliicli witness would not consent, as he never heard of a British officer making such a concession. On the parties taking the ground he objected to Glengarry's position, the sun being in his eyes ; they tossed up for it, and Glengarry won. It was agreed to fire at the word of command, which they did nearly at the same time. Perceiving that Macleod was wounded he ran up to him saying, " I'm afraid you are hurt." Captain Campbell said, "It's only a scratch." "I am able to stand," said Macleod ; " Glengarry, keep your ground." But Macdonald protested : " Gentlemen, I did not come here to see you commit murder. If you offer to fire another shot, I'm off." Macleod said Glengarry must apologise first ; Glengarry said that Macleod must first do so. Macleod then said, " I am sorry for the beginning of this affair"; " Then," said Glengarry, "I am exceedingly sorry for the latter part of it." Finally Macleod remarked, " You must be satisfied, Glengarry, that I received your fire like a man." Witness was certain that Glengarry entertained no malice against the deceased, and was con- vinced that he always desired an accommodation. Lieutenant Gordon Cameron of the 79th deposed that he met Major Macdonald on 2nd May and walked with him towards Sinclair's Inn, where they saw Macleod and Campbell. Macleod asked him what 'people were saying in Inverness about the matter ; he replied that it was thought Macleod had acted very right and as an ofiicer should do. " I'll give your friend one other opportunity of coming forward," said Macleod to Macdonald, " and if he doesn't, I shall expose him." While waiting for Glengarry's return from Culloden House, Macleod asked witness his own opinion. He answered, " If Glengarry can reconcile what he has done to his own feelings, I think you have done enough to vindicate your honour as an ofiicer and a gentle- man, by sending repeated challenges, and he not coming forward." James Macpherson of Ardersier deposed that while returning home from Fort George on 3rd May he met a GLENGAKKY'S WAY 13 soldier, who cried, " For God's sake run forward, and prevent bloodshed ! " He heard the report of a pistol, and coming to the place saw the parties. Glengarry said to Macleod, "You must say you meant no insult"; Macleod replied, " That is what I have always said," adding that Glengarry must now consider him a gentleman and a man of honour. Thereupon they shook hands and parted. Ensign John M'Curry of the 7th Fencible Regiment, who was in company with Mr. Macpherson, corroborated. Lieutenant Andrew Miller of the 78th Regiment of Foot deposed that on 2nd May, in the Muir of Culloden, he received from Macleod, after he had left Sinclair's Inn, a letter directed to Captain Campbell, pressing for an immediate meeting with Glengarry, which he duly delivered. Macleod said he would accept from Glengarry no apology other than that formerly mentioned. Ebenezer Brown, assistant surgeon, 79th Regiment, deposed that he accompanied Captain Campbell in a post- chaise to Campbelltown, where he understood a duel was to be fought. He waited in the chaise for some time, and when summoned to the ground, found Macleod wounded by a pistol ball under the right armpit. He was carried to Fort George, where the ball was extracted from below the left shoulder blade. For the first fortnight he seemed to be recovering, but on the fifteenth day he became worse, and died on 3rd June, thirty -one days after receiving his injury. James Roy, surgeon to the garrison of Fort George, and James Moir, surgeon, 7th Fencible Regiment, who attended Macleod in his illness, corroborated. They per- formed a post-mortem and made a report, which they identified. The reading of this document, entitled, "Note of Appearances on the Body of Lieutenant Macleod, upon Examination after Death," closed the Crown case. Two witnesses only were examined for the defence : Miss Jean Walecoat, daughter of Captain Thomas Walecoat, residing in Inverness, who gave as to what happened at the ball an account similar to that given by Mrs. Dufi', with the 14 GLENGAKKY'S WAY addition that she thought Glengarry then rather the worse of liquor ; and Lieutenant William Macdonald of the 37th Regiment, who corroborated what had been stated in evidence as to the proposed posting of Glengarry as a coward, and the reports circulated at Inverness to his prejudice for declining to meet Macleod. The proof being closed, counsel addressed, and Lord Eskgrove charged the jury. No report of these speeches has survived ; it is merely mentioned that " the Lord Advocate summed up the evidence for the Crown in an elegant and impressive speech, as did the Hon. Henry Erskine for the pannel in his usual eloquent manner. Lord Eskgrove charged the jury, and recapitulated the evidence with great candour and impartiality." Thus the Mercury reporter ; but from what Henry Cockburn tells us of his Lordship's judicial methods, both jury and audience, which included "a great number of Ladies and persons of Rank and Fashion," must have had a trying time. " His tedious- ness," writes Cockburn, "both of manner and matter, in charging juries was most dreadful. It was the custom to make juries stand while the judge was addressing them ; but no other judge was punctilious about it. Eskgrove however insisted upon it ; and if any one of them slipped cunningly down to his seat, or dropped into it from inability to stand any longer, the unfortunate wight was sure to be reminded by his Lordship that ' these were not the times in which there should be any disrespect of this High Court, or even of the law.' Often have I gone back to the court at midnight and found him, whom I had left mumbling- hours before, still going on, with the smoky unsnuffed tallow candles in greasy tin candlesticks, and the poor despairing jurymen, most of the audience having retired or being asleep ; the wagging of His Lordship's nose and chin being the chief signs that he was still ' char-ging.' "(a) At four o'clock in the morning of Tuesday, 7th August, his (ffl) Memoriah of his Tirae, p. 123. GLENGAREY'S WAY 15 Lordship having exhausted at once his subject and the patience of his hearers, the jury was " inclosed," and ordained to return their verdict in the same place that day at noon, " the pannel in the mean time to be committed prisoner to the Tolbooth of Canongate," and the Court adjourned, (a) It appears that the line taken by Erskine in his speech was an appeal to the jury on the point of honour, stress being laid on the persistent efforts of Major Macdonald and his principal to offer every kind of apology consistent with their character as gentlemen. His biographer adds that he was careful to note, and to make the most of in his client's behalf, the animus displayed by the Crown witnesses ; but, so far as reported, these seem to have given their evidence with commendable fairness. Erskine began his address at midnight and spoke for three hours. So confident was Glengarry of the result of this "splendid appeal," that he objected to await the verdict in the Tolbooth ; but Erskine dryly remarked, " If Glengarry is wise he will return to prison." (h) When the Court met next day the crowd was greater than ever ; popular sentiment, which hitherto had been against the accused, now favoured an acquittal, and the unanimous finding of Not Guilty was greeted with prolonged applause. The verdict having been recorded, the Chancellor of the Jury (Charles Brown of Coalstoun) explained that the sole ground on which it proceeded was the anxious desire latterly manifested by the pannel and his second amicably to settle the matter, as the jury highly disapproved of his conduct at the beginning of the dispute, and it was fortunate for him that the duel did not take place so soon as intended, before any attempt was made to apologise, as in that case they would have returned a very different verdict. Lord Eskgrove expressed approbation of the jury's sentiments, adding some cliaracteristic observations on the ^ (a) Books of Adjournal. (b) Henry Erskine, p. 396. 16 GLENGARRY'S WAY illegal and dangerous practice of duelling ; Lord Swinton, while assenting generally to the jury's views, deprecated the tendency to turn a Court of Law into a Court of Honour, and described duelling as " a horrid Gothic custom," which the Legislature had done everything in its power to discourage. The pannel was then assoilzied and dismissed from the bar, and the Court rose, (a) That Glengarry was lucky to escape so easily the con- sequences of such a discreditable business was the opinion of his contemporaries, professional and lay. The trial, in the considered judgment of Burnett, " ought to have had a very different issue " ; (h) and Fraser of Gortuleg writes on 7th August to the agent for the defence : "I cannot avoid congratulating you on Glengarry's escape, which was narrow indeed. ... I sincerely wish he may make good use of the hairbreadth escape." (c) Glengarry's friends, with questionable taste, gave him "a great dinner" at Oman's Hotel in Edinburgh, to celebrate his acquittal. Henry Erskine was invited, but declined, as his admiration of the part played by his client in the late tragedy was not suffi- ciently strong to admit of his being present. (c?) There is an interesting letter, written on 14th August, by Glen- garry's law agent and kinsman. Coll Macdonald of Dalness, W.S., giving his own impressions of the case, which is worth quoting : — " I have yet scarcely recovered from the fatigues of Glengarrie's trial. You would have several public as well as private accounts of it, but none can give an adequate idea of the whole of what appeared in the course of it. The Lord Advocate exerted the utmost pitch of his abilities, and the verdict returned does not meet with the general approbation of the public, though I for one am convinced that it is a proper verdict, warranted by the evidence adduced. The public voice was so much against (a) Books of Adjournal. (b) Criminal Law, p. 51. (c) Fraser-Mackintosh's Antiquarian Notes, Second Series, p. 138. {0.) Henri) Erskine, p. 397. GLENGAEEY'S WAY 17 Glengarry that not a single one among his friends thought that he would have been acquitted by a unanimous verdict. If you compare the Mercury and the Advertiser account, it will convey a tolerable good criterion of the import of the evidence, though several material things are omitted in both — particularly no notice is taken of a letter signed ' Neill Campbell, Captain, 79th Regiment,' which Captain Campbell denied to be his subscription. It was wrote to the publisher of the Courant. The evidence of Mrs. Duff is the subject of general talk ; without doubt you will hear it. She remained in court to the last. The Lord Advocate paid very many compliments to her beauty, etc., in the course of his speech, but the Chancellor of the Jury said she was the best evidence for Glengarry of all that had been adduced." (a) It is a curious fact that with the ex- ception of a brief reference in Sabine's Notes on Duels and Duelling, no mention of so notable an affair of "honour" is made in any of the standard works on the subject.(6) The other incident associated with the famous ball at Inverness was the elopement of two of the other guests, Miss Bell Chisholm, the Provost's daughter, and Captain Morrit, who, as the writer of the letter already quoted informs us, " set off at twelve o'clock at night in a carriage and four " for Elgin, making for Aberdeen. It appears that the captain's attentions had been discouraged by the young lady's family, who declined his acquaintance. She was not missed till eight o'clock the next morning, when the Provost, accompanied by two friends, at once started in pursuit. "Their intention is to marry her whenever they meet her, and I hope that Captain Morrit never intended anything but what was honourable," says Mrs. Macbean, though she is not sanguine as to the issue of the adventure. " Every person is sorry for Miss Chisholm," she significantly adds, " for you know what Morrit is." (c) Let us hope, (a) Antiquarian Notes, Second Series, ]i. 139. (6) Notes and Queries, 12. S. v. 43. {v) Letters of Two Centuries, p. 336. 18 GLENGARRY'S WAY however, that the captain proved better than his reputa- tion ; history is silent as to the denouement. Glengarry's high spirit was untamed by this experience of the law. The next we hear of him is as the principal defender in a civil action of damages for injury and oppres- sion, at the instance of Dr. Donald Macdonald of Fort Augustus, before the Court of Session. The pursuer, who was tenant of one of Glengarry's sheep farms, was of a dis- position as fiery as his laird. The ill-feeling between them was of long standing, it culminated in a personal scuffle, and notwithstanding the intervention of common friends, the doctor, considering himself the aggrieved party, refused Glengarry's demand for an apology. A favourable oppor- tunity presenting itself at Fort x\ugustus market, on 30th September 1805, the doctor was severely beaten by Glen- garry and some of his " tail." The legal proceedings taken by him to obtain redress dragged on until 23rd June 1807, when the case was decided in his favour. The defenders. Glengarry, his factor, his piper and three other retainers, were found guilty of " a violent and atrocious assault on the person of the pursuer, to the effusion of his blood and danger of his life." As, according to the judgment of the Court, this outrage did not originate in a sudden quarrel, but was the result of long-premeditated resentment and a deliberate purpose of revenge, and was moreover attended with many circumstances of great barbarity and peculiar aggravation, "especially on the part of the defender Alex- ander Macdonell of Glengarry," the defenders were found liable in £2000 sterling of damages, as well as in the expenses of the process. Further, in respect that Glengarry was at the time of committing the offence a Justice of the Peace and Deputy-Lieutenant of the county, the Court remitted to the Lord Advocate to consider whether, in view of "the uno^overnable resentment and violence" manifested by Glengarry, it was proper he should be continued in those offices, and also whether he should not be prosecuted criminally. " Though not recovered from the dismay of our GLENGARRY'S WAY 19 discomfiture," writes his agent, Coll Macdonald, " 1 think it right to communicate a copy of the interlocutor. . . . The malicious are now making an attack on Sir James Mont- gomery [the Lord Advocate] for not taking it up criminally, and to every one concerned a certain share of censure is allotted in the conversation of the Parliament House. In particular the ladies took a great interest for the doctor." An appeal to the House of Lords was contemplated ; whether it was ever taken, and if so how it fared at the hands of that alien tribunal, is unrecorded. (a) In any case Glengarry seems to have been none the worse for the judicial thunders. Certainly his inveterate desire to quarrel was unabated, for within the year we find him on the brink of a duel with Kothiemurchus — there was a lady in the case — which was only averted by the good sense and offices of Colonel Halkett and other peacemakers, who saw in the circumstances " no necessity for proceeding to extremities."(/>) One would have expected Glengarry to have had enough of Inverness dances, yet an incident, in itself sufficiently ludicrous, arising out of the Northern Meeting ball in 1810 which he attended, was to involve him in another criminal prosecution. The Hon. Archibald Fraser of Lovat, also one of the party, on leaving the ball took by inadvertence Glengarry's hat instead of his own. So soon as he reached his hotel he discovered his mistake, and at once sent the hat to Glengarry's lodging. "Next day, being Sunday," writes Lovat to his kinsman, the Sheriff of Inverness-shire, "I went to the High Kirk, when I was summoned in the middle of the sermon, and called out by a message that Glengarry insisted on seeing me on pressing business. I came out of kirk to the alarm of the whole congregation, who concluded that I had got a military express or was taken ill. Upon going to Fraser's Hotel, not two hundred yards distance, I found Glengarr}'- gone out of town, after (a) Antiquarian Notes, Second Series, pp. 139-142. (6) Letters of Two C'enturie.% p. 3.55. 20 GLENGARKY'S WAY beating open my locked door, in which there was a good deal of money and papers in a law contest I have with him . . . my apartment being ransacked, and his hat not found. The door was left open by Glengarry, who in a supercilious, dictatorial tone of voice halloo'd to the land- lord to have the lock mended at his, Glengarry's, expense. The manners of the gentleman I overlook ; but as a public man I demand Glengarry and all the world to be made sensible that any man's apartment is his sacred castle, and that it is criminal to break it open under any pretence without legal warrant."(a) Here were the makings of a pretty quarrel ; but owing to the delicate health of Glen- garry's wife at the time — he had married in 1802 a daughter of Sir William Forbes of Pitsligo, and a result of that transaction was looked for — Lovat magnanimously delayed action for three months. When the lady was out of danger, however, he invoked the aid of the law. The Crown refused to prosecute, but intimated willingness to concur in a process of criminal letters to be raised by Lovat, which was accordingly done. Later, on the advice of friends, the proceedings were withdrawn. In addition to these personal actions Glengarry, in his capacity of landlord, was constantly involved in litigations with his numerous tenants, in most of which he seems to have been unsuccessful. He was hardly more happily inspired in raising with Clanranald the vexed question of the chieftainship of the Clan Donald, that controversy so long and warmly waged, upon which so much ink and temper have been wasted. Scott's Letter Si Journal, and Life afford many and more agreeable glimpses of Glengarry in social and friendly relations with Sir Walter. On 3rd March 1816 the chief writes offering to present to Scott the historic staghound : " His name is Maida, out of respect for that action in which my brother had the honour to lead the 78th High- (a) Letters of Two Centuries, p. .361. GLENGAERY'S WAY 21 landers to victory. This dog is now in his prime, and has been bled to deer and roe, and should you wish for more of the deer blood for yourself, command me freely." Scott accepted the gift, which on 12th April he describes to Joanna Baillie as " a large bloodhound, allow'd to be the finest dog of the kind in Scotland, perfectly gentle, affec- tionate, and good - natured, and the darling of all the children. I had him in a present from Glengarry, who has refused the breed to people of the very first rank." (a) Glengarry's brother was the celebrated General Sir James Macdonell, K.C.B., " the bravest man in Britain," who is remembered for his holding of the gate at Hougoumont.(5) He it was who, when Landseer asked leave to paint him, replied in the emphatic words of Scripture, " Is thy servant a dog that he should do this thing ? " (c) Apart from Raeburn's supreme presentment, the best portrait we have of Glengarry is that given a few years later by Sir Walter in his Diary : — " I had a call from Glengarry yesterday, as kind and friendly as usual. This gentleman is a kind of Quixote in our age, having retained in their full extent the whole feelings of clanship and chieftainship, elsewhere so long abandoned. He seems to have lived a century too late, and to exist, in a state of complete law and order, like a Glengarry of old, whose will was law to his sept. Warm-hearted, generous, friendly, he is beloved by those who know him, and his efforts are unceasing to show kindness to those of his clan who are disposed fully to admit his pretensions. To dispute them is to incur his resentment, which has sometimes broken out in acts of violence which have brought him into collision with the law. To me he is a treasure, as being full of information as to the history of his own clan, and the manners and customs of the Highlanders in general. Strong, active, and muscular, he follows the chase of the deer for days (a) Familiar Letters of Sir Walter Scott, i. 358. ^ (6) History of the Macdonalds, p. 355. (c) Skene's Memories of Sir Walter Scott, p. 177. 22 GLENGAKRY'S WAY and nights together, sleeping in his plaicl when darkness overtakes him in the forest. He was fortunate in marrying a daughter of Sir William Forbes, who, by yielding to his peculiar ideas in general, possesses much deserved influence with him. The number of his singular exploits would fill a volume ; for, as his pretensions are high, and not always willingly yielded to, he is every now and then giving rise to some rumour. He is, on many of these occasions, as much sinned against as sinning; for men, knowing his temper, sometimes provoke him, conscious that Glengarry, from his character for violence, will always be put in the wrong by the public. I have seen him behave in a very manly manner when thus tempted. He has of late prose- cuted a quarrel, ridiculous enough in the present day, to have himself admitted and recognised as Chief of the whole Clan Ranald, or surname of Macdonald. ... It is absurd to set up the jus sanguinis now, which Glengarry's ancestors did not, or could not, make good, when it was a right worth combating for." (a) It is probable that Sir Walter's sentiment for his friend was coloured by the fact that Glengarry's wife was the daughter of his own first love. The marriage was a happy one, for contrary to custom Glengarry seems to have shown himself most amiable in his domestic relations, and a family of one son and seven daughters — six sons had died in infancy— formed the home circle at Garry Cottage. Inver- garry House and shootings were, owing to the chiefs embarrassed circumstances, always let. ^neas Ranaldson Macdonell, the son and heir, w^as a source of great pride to his parents. He was a good scholar and distinguished himself when at Perth x\.cademy.(6) Like his father, the lad was a keen sportsman. "The young Laird of Glen- garrie kill'd a hart shooting at a hind," the Duke of Atholl's keeper reports to his Grace in January 1824, " which pleased Glengarrie and the young man as much as if it had been a (a) The Journal of Sir Walter Scott, i. 120. (6) Antiquarian Notes, p. 147; History of the Macdonalds, p. 3.59. Macdonkll or Glengarry. (Aller the portrait by !>ir Henrj' Raeburn in the National Galler.v of Scotland.) GLENGAKRY'S WAY 23 hart in season " ; and the same month Lord Charles Murray writes to the Duchess : " Glengarry is in town, having come up to bring ^neas to Eton. He tells me that he has a good idea of the Gaelic, and that he killed his deer, and slipped the hounds for his father before he crossed the Tweed, according to an ancient vow made by a Glengarry to that effect. To accomplish this they went to the Forest of Atholl, and M'Intire's [the keeper] good generalship proved quite successful." (a) I lack space to recount the many anecdotes of Glengarry which may be gleaned from the several authorities upon whom I have so largely drawn, but of an incident men- tioned by Sir Walter one would gladly have found room for more. " We have had Marechal Macdonald here," he writes to Skene from Edinburgh on 24th June 1825 ; "we had a capital account of Glengarry visiting the interior of a convent in the ancient Highland garb, and the effect of such an apparition on the nuns, who fled in all directions." Scott used to tell the story with great delight. (6) Some- thing good, too, must underlie the following reference in a letter to William Stewart Rose of 12th October of that year : " Glengarry's helmet is true enough ; but why speculate on what can come either in or on such an extraordinary head ? " (c) The visit of George the Fourth to Edinburgh in August 1822 — that regal orgy of snobbery m excelsis — provided Glengarry with a part to play after his own heart. Scott stage-managed what he terms " this most royal row " — " a sort of grand ' Terryfication ' of the Holyrood chapters in Waverley,'' is Lockhart's apt description — when the fat Florizel (aged 60) appeared as Bonnie Prince Charlie, and Sir Walter as the Baron of Bradwardine ; and we read how the green room in Castle Street was " besieged by swelling- chieftains," disputing fiercely as to the relative positions of (a) Atholl Chronicles, iv. 348. ^ (h) Skene's Memories, p. 132. (c) Familiar Letters, ii. 356. 24 GLENGARRY'S WAY their clans at Bannockburn, which they held to be the precedent for determining their respective places in the line of the King's escort ; and with what unwearied good-humour Scott adjusted their competing claims and smoothed their ruffled plumage — a task beyond the ability of any other man in Scotland. (a) Glengarry came well out of these rivalries, for we find him in command of the Glengarry Highlanders, of whom since 1808 he had been Lieutenant- Colonel, guarding the royal carriage on the King's arrival at Leith. "After his Majesty was seated in his carriage, Glengarry on horseback forced his way through every obstacle, and advancing close to the royal carriage exclaimed, ' Your Majesty is welcome to Scotland ! ' a salutation which was returned by a most gracious bow from the Sovereign. "(6) In the State procession from Holyrood to the Castle on Thursday, 22nd August, the Glengarry Highlanders, headed by their chief, attracted much attention. " Glengarry has a small, but select following ; twelve gentlemen of his house, amongst whom we noticed the gallant Colonel Macdonell, brother of the Chief, and famous for his achievements at the defence of Hougoumont, where, assisted only by a serjeant of the Guards, he slew or drove back six French grenadiers, who had forced their way into the courtyard. Also we saw Barrisdale, Scothouse, Major Macdonell, and other cadets of this ancient line. Each had a gillie in attendance — tall, raw-boned, swarthy fellows, who, besides the sword and target, carried guns of portentous length. We believe they are chiefly the foresters of the Chieftain ; and indeed they look as if they had done nothing all their lives but lived by hunting, and slept in the woods."(c) Glengarry must have been gratified by this public appreciation of his "tail." At the great banquet in the Parliament House on 24th August, which rounded off the royal visit, immediately after the toast, "The Author of Waverley, whoever he may be," (a) Lockhart's Life of Scott, v. 192. (b) Historical Account of His Majesty's Visit to Scotland, p. 101. (c) Edinburgh Weekly Journal, 21st August 1822. GLENGARRY'S WAY 25 Glengarry, "in a warm speech, in which he dwelt at some length upon the virtues and patriotism of one who, he said, had been the patron of his early life," proposed the memory of Lord Melville, (a) He dined more quietly with Scott in Castle Street, when the poet Crabbe, who was so amazed by the " Celtic invasion," was also of the party and took " Lady Glengarry " in to dinner. This was Glengarry's apogee. Like Fergus Maclvor, he had "stretched his means to the uttermost to maintain the rude and plentiful hospitality which was the most valued attribute of a chieftain." Times had changed; his estates were heavily burdened, and despite raised rents and the constant stream of emigration to make way for sheep farms, his circumstances became daily more straitened. He realised too late the need for retrenchment. Visitino- his kinsman, Captain Duncan Macdonell of Aonach, in the summer of 1827, he remarked, "Duncan, I have been thoughtless ; I have been, as I thought, sustaining the honour of my ancestors ; but now I see that I have been wasting the heritage that generations of them have left me. I must turn over a new leaf, I am determined to do it ; I am going south by-and-bye to have this business definitely arranged."(6) But it was not to be. On 14th January 1828, the steamboat Stirling Castle, aboard which he ^vas making the journey from Inverness to Glasgow, broke down after leaving the Canal, and was driven ashore in a oale at Corran, near Fort William. Glengarry, in attempting to leap from the stranded vessel to the shore, slipped upon the rocks, and in falling received a violent blow on the head. He was able to reach safety with the help of his companions, but died a few hours later, (c) He was buried in the cemetery of Killionan, beside the chieftains of his race, and the bards made loud lamentation for the tragic fate of him who had striven so long and proudly to main- (a) Historical Account, p. 243. (6) History of the Macdonalds, p. 358. (c) Edinburgh Advertiser, 25th January 1828. 26 GLENGARRY'S WAY tain the old magnificence of bygone days.(a) "I have this day the melancholy news of Glengarry's death, and was greatly shocked," writes Sir Walter Scott on 21st January. " The eccentric parts of his character, the pre- tensions which he supported with violence and assumption of rank and authority, were obvious subjects of censure and ridicule, which in some points were not undeserved. He played the part of a chieftain too nigh the life to be popular among an altered race, with whom he thought, felt, and acted, I may say in right and wrong, as a chieftain of a hundred years since would have done, while his conduct was viewed entirely by modern eyes, and tried by modern rules."(6) On Glengarry's death his afiairs were found to be so seriously involved that the estates had to be sold, and his son and successor, by a strange irony of fate, emigrated to Australia, as so many humbler members of the clan had already done to Canada, in quest of the livelihood denied them in their native land.(c) All that remained to the family of the great territories of their forebears was the blackened ruin of Invergarry Castle, the eyry of that eagle race, ravaged, like the fortunes of its owners, by the passions of the Forty-five. (cZ) (a) The Clan Donald, ii. 488. (6) Journal, ii. 113. (c) History of the Macdonalds, p. 361. {d) The Clan Donald, ii. 475. PLAGIUM : A FOOTNOTE TO "GUY MANNERING" PLAGIUM : A Footnote to "Guy Mannering" "Pardon me," said Pleydell, " it \s plagium, and 'plagium is felony." — Guy Mannering. IN An Apology for Idlers, that delectable essay which is to the Greeks foolishness, Robert Louis Stevenson, lookinsf back on his own education, remarks, " I still remember that Emphyteusis is not a disease, nor Stillicide a crime." Whether or not his stock of legal knowledge was so extensive as to embrace the true significance of plagium or man-stealing, we cannot tell ; but it is beyond the peradventure of a doubt that Mr. Ebenezer Balfour of Shaws, falsely so-called, and Captain Elias Hoseason of the brig Covenant, of Dysart, in kidnapping David Balfour as they did for the delight of the posterities, were guilty, art and part, of that unconventional offence, and jointly and severally incurred whatever may be the precise penalty law- fully thereto belonging. Such also, in the opinion of that excellent lawyer Mr. Counsellor Pleydell, was the crime committed by those earlier rascals, Gilbert Glossin, Esquire, " late writer in . . . ., now Laird of Ellangowan," and Captain Dirk Hatteraick of the Yung/ramv Hagens- laapen, in their machinations against the person of little Harry Bertram. Eeaders of Scott's incomparable tale need not to be reminded how the child Harry, accompanying Supervisor Kennedy to the Wood of Warroch, was, after the ganger's murder by the smugglers, kidnapped by them at Glossin's instigation, and conveyed to Holland for a season ; and how, after divers diverting adventures, mainly through the good offices of Meg Merrilies he recovered the heritage of his fathers, a consummation to which the genial Edin- 29 30 PLAGIUM burgh advocate materially contributed. When Glossin was about to be committed to prison for his share in the conspiracy, the wily ci-devant writer took exception to the magistrates' decision. "Forgive me, Mr. Pleydell," said he ; " there is only one case upon record, Torrence and Waldie. They were, you remember, resurrection -women, who had promised to procure a child's body for some young suro-eons. Being upon honour to their employers, rather than disappoint the evening lecture of the students, they stole a live child, murdered it, and sold the body for three shillings and sixpence. They were hanged, but for the murder not for the plagium. Your civil law has carried you a little too far." But Mr. Pleydell's statement of the law as it then stood was sound, and Glossin, as we shall see, was wrong. Torrence and Waldie's case was not the sole authority. The eminent Sir George Mackenzie, treating of " Some Crimes punished amongst the Bomans, which are not directly in use with us," observes : " Plagium was the stealing of Men, and was punishable by death, which agrees with the Law of God, Exod. xxl. 16, Deut. xxlv. 7. And with us Egyptians and others stealing Children have been Hkewise punished by death, and such as force away Men to be Souldiers should be lyable to the same Punish- ment, though the Council uses to punish them only by an arbitrary punishment ; and such as take away men's Children upon pretext to marry them, before they come to the years wherein they may give a legal Consent (which is 12 in Women and 14 in Men), ought in my judgement to be so punished." {a) The crim.en plagii of the Boman law might be committed either by selling a free man into slavery, which was a capital crime, or by enticing, conceahng, or buying the slave of another, whereof the punishment was at first pecuniary by the lex Flavia, and afterwards discretionary, according to the degree of (a) Laws and Customs of Scotland in Matters Criminal, Part 1. tit. 36. PLAGIUM 31 the fault .(a) In modern practice ^9^a^mm or the theft of a human being applies only to young children. The penalty is incurred whether the child be enticed away or carried off by force, and whatever be the motive. Sentence of imprisonment varies with the degree of guilt.(6) In former times, however, on the theory that it was a treasonable usurpation of the Royal authority in detain- ing the King's free lieges without his licence or commission, it was punishable with death. (c) Thus, as appears from the official records, on 12th January 1604, George Meldrum, younger of Dumbreck, who was charged with invading, taking captive and carrying away three persons, including Mr. Alexander Gibson of Durle, one of the Clerks of Session, whom he conveyed out of Fife by Kinghorn and Edinburgh, through Lothian, and by Melrose into England, being convicted, was sentenced to be beheaded at the Cross of Edinburgh and his estate forfeited to the Crown. On 23rd November 1649, Lieutenant Mark Ker and others were pursued for the rapt and taking away of Robert Cunninghame, a boy of fourteen, from the pos- session of his uncle and tutor, Harry Cunninghame. The libel was sent to an assize after debate on the title of the uncle to pursue, which was sustained. On 4th July 1664, James, Viscount Frendi-aught, was indicted for carrying off and detaining in a private prison, Alexander Gregory of Netherdale, and for the nmrder of the said Mr. Alexander, or being art and part of these crimes, and the libel was found relevant, though the pannel was assoilzied. On 25th March 1720, occurred the very curious and interesting case of Sir Alexander Anstruther of Newark, which, as I propose to deal with it later and at length, may meantime be passed over. On 18th December 1727, David Colquhoun, maltman in Dumbarton, and William Buntine, son of William Buntine of Auchendennan, accused at the instance of John (a) Dig. lib. 48, tit. 15, 1. 1.6.7. (6) Macdonald's Criminal Law, p. 24, and authorities there cited. (c) Hume on Grimes, 1819, i. 82. 32 PLAGIUM Campbell and John Ewing, wrights, burgesses of said burg-h, and Archibald Porterfield, another burgess, were charged with assaulting and trying to carry off Campbell and Ewing from an election, but failing in the attempt they cruelly beat, bruised, and wounded them ; and actually carrying off Porterfield by putting him on board a boat, swearing him to secrecy, and lodging him in the house of Levenside, locked up in a room, and thereafter taking him to one of the islands of Loch Lomond, and keeping him there until the election was over, when he was set at liberty. The Court found the libel respecting the carrying off of Porterfield and keeping him under restraint relevant to infer an arbitrary punishment, damages and expenses ; but the charge was found not proven. These doings at Dum- barton are even more remarkable than the electioneering amenities of Eatanswill. The next case upon record is that cited by Glossin : His Majesty's Advocate against Helen Torrence and Jean Waldie : of which a brief report is given by Maclaurin in his instructive treatise, (a) A more particular account of the circumstances is contained in the Scots Magazine for February 1752.(6) It appears from these authorities that Torrence and AValdie were brought to trial on 3rd February 1752 for the crimes of plagium and murder, committed upon the person of John Dallas, a boy of eight or nine years of age, son of a chairman in Edinburgh. The women were sick nurses of the school of Mesdames Gamp and Prig. In the preceding November they undertook to procure for certain apprentice-surgeons a suitable subject ; they were to sit up with a dead child, and proposed at the coffining to substitute something for the body. The parents of the subject, however, prevented the completion of this plan. For some time the two hags had the boy Dallas under observation ; he was ailing, and in the opinion of Torrence, (a) Argu'iiients and Decisions in Remarkable Cases, pp. 152-153. (6) Vol. xiv. pp. 98-99. PLAGIUM 33 if he were to die " would be a good subject for the doctors." Repeated inquiries as to his health found him no worse, and Torrence, becoming impatient, resolved to assist nature. On 3rd December Mrs. Dallas called upon her, presumably to thank her for the interest she took in the case. Waldie, who lived in the flat above, happened to be present. She went up to her own house and knocked on the floor, whereupon Torrence followed her up and after a short consultation returned to her visitor, whom she invited to a neighbouring tavern to drink to the invalid's recovery. While the mother's attention was thus engaged Waldie went to her place of abode, found the boy looking over the window for his mother's return, took him up in her arms, and carried him "in her gown-tail" to her own house, where she was immediately joined by Torrence. They confessed that they then choked the child by a forcible administration of ale. So soon as he was dead they went to inform the young surgeons that they now had a subject for them. The apprentices came, saw the body, and offered two shillings for it. The hags protested against the in- adequacy of the remuneration, " declaring that they had been at more expenses about it than that sum " ; but when the lads increased their ofier by " tenpence to buy a dram," the bargain was closed, and Torrence carried the body in her apron to their rooms, for which she received a bonus of sixpence. The parents raised a hue and cry for the missing child, and four days later the body, bearing evident marks of having been in anatomical hands, was found " in a place of the town little frequented." The parents were arrested, and subsequently the two women. The apprentices told their tale, the parents were released, and the women committed for trial. When the case came before the High Court on 3rd February, counsel for the pannels represented that al- though the actual murder might be relevant to infer the pains of death, the stealing of the child could only infer an arbitrary punishment ; and as to the selling of the dead 34 PLAGIUM body, it was no crime at all. (a) To this it was answered that though the stealing of the child when alive, disjoined from the selling of it when dead, might not go so far, yet when taken together they were undoubtedly relevant to infer a capital punishment. The Court found the libel relevant, and after proof, which included the evidence of the child's parents and of the apprentice-surgeons, the jury returned the following special verdict: "Find that the pannels are both guilty art and part of stealing John Dallas, a living child, and son of John Dallas, chairman in Edinburgh, from his father's house at the time and in the manner libelled ; and of carrying him to the house of Jean Waldie, one of the pannels ; and soon thereafter, on the evening of the day libelled, of selling and delivering his body, then dead, to some surgeons and students of physic." Counsel having been heard on the import of this verdict, the Court repelled all the objections taken. Helen Torrence then "pleaded her belly" in arrest of judgment ; upon which four midwives were appointed to examine as to her condition. These experts having reported that she was not with child, the Court adjudged her and the other prisoner to be hanged in common form. They were accordingly executed in the Grassmarket on 18th March. "Both acknowledged their sins, and mentioned uncleanness and drunkenness in particular." The case of Sir Alexander Anstruther to which I have referred is in many respects remarkable and worthy of notice. Though interesting and important it has left little mark upon the law books ; only one or two brief references to it are made by our criminal writers, (?>) and it may well have escaped the learned eye of Mr. Glossin. Apart from the singularity of the charge and the picturesque quality of the evidence, the social and professional status of the principal accused is in such a connection unusual ; (a) Comfortable words these for Messrs. Burke and Hare. (6) Hume, ii. 113 ; Burnett, pp. 109, 385. PLAGIUM 35 one seldom sees a knight, an advocate, and an official of the Court of Session involved in a criminal prosecution. The printed report of the proceedings, too, is rare ; the small quarto pamphlet of fifty-one pages, to which I am indebted for the facts, was at one time in the posses- sion of James Maidment, the antiquary, who describes it on the fly-leaf as " a very scarce Scottish Tryal," and indeed I have never come across another copy. The title page reads as follows: "The Criminal Process At the Instance of Edward Copinger and Henr}^ Cowie, Sailers, and His Majesty's Advocate ; against Sir Alexander Anstruther of Newark, and James Black. Taken from the Books of Adjournal. Edinburgh, Printed by James Watson, His Majesty's Printer. 1720." The protagonist was a scion of the ancient and honour- able house of Anstruther of that ilk, one of the oldest families in Fife. His father, Sir Philip Anstruther of Anstruther, nephew and heir to that Sir William who had been a gentleman of the bedchamber to James the Sixth, was knighted by Charles the Second at Scone in 1650. A zealous Poyalist, he was taken prisoner at Worcester, and his estates were sequestrated until the Restoration. He had seven sons, of whom two were baronets of Nova Scotia, and three were knights. The creation of Nova Scotia baronets, a pleasant device of King Jamie for raising the wind, ceased on the union of the Crowns. (a) The members of this distinguished brother- hood with whom we have to do are Sir Alexander of Newark, Sir Philip of Anstrutherfield, Sir Kobert of Balcaskie, and Sir John of Anstruther, who seemino-ly succeeded his father in the estates. Wood remarks that John "probably died before 1690"; but he was alive and in the enjoyment of the lands and barony in 1720, as appears from the record of the trial. (6) A family so (a) " I ken the man weel ; he's one of my thirty-pound knights." — Eastward Hoe, Act IV. Sc. i. (6) Wood's East Neuk of Fife, pp. 359-360. 36 PLAGIUM handsomely endowed with titles and of such criminous proclivities recalls the bad Baronets of Ruddigore. Sir Alexander, with whose amiable eccentricities we are chiefly concerned, was Sir Philip's fifth son. Admitted a member of the Faculty of Advocates in December 1 692, he was later appointed Principal Clerk of the Bills. He had a charter, 23rd June 1704 (confirmed 12th February 1722), from Sir George Brown of Coalstoun, Knight Baronet, with consent of his spouse, of the lands of Newtonleys, in the county of Haddington. In another charter of 1728 he is designed brother german of the deceased Sir Philip Anstruther of Anstrutherfield.(a) This, apart from the legal proceedings of which he was the subject, is all that I have been able to glean anent Sir Alexander. The prosecution is in the form of Criminal Letters, the private prosecutors or complainers being Edward Copinger and Henry Cowie, sailors, late on board the ship Anne and Margaret of Leven, with concurrence of Sir David Dalrymple of Hailes, Baronet, his Majesty's Advocate, against Sir Alexander Anstruther of Newark, advocate, one of the Principal Clerks to the Bills, James Black, skipper and master of the said ship, and Bailie James Graham of Anstruther, accused "of the most atrocious Crimes of Hamesucken, Plagium or Man-stealing, and gross Oppres- sion." The facts as stated in the charge are briefly these : Sir Alexander, who for some time past, over and above his professional and oflicial duties, " dealt in foreign Trade as a Merchant," had an interest in the voyage of the Anne and Margaret, which in the spring of 1719 sailed from the Firth of Forth with a cargo of salt " for Ports beyond Sea." On the return of the ship to Scotland in the autumn "Brandy in prohibited Casks" was seized aboard her by the Custom-house ofl^cers, and two of the crew, Copinger and Cowie, were examined before the Barons of Exchequer as to the " clandestine Importation " of the spirits. The (a) Riddle's Baronetage of Scotland, MSS. Advocates Library, vol. viii. p. 114. PLAGIUM 37 knight, the skipper, and the bailie, who were jointly interested in this unlawful venture, perceiving that Copinger and Cowie " might be made Use of as Witnesses in a judicial Trial for discovering and punishing the said Frauds and Imbezelments," determined " to withdraw the Complainers as Evidences and disappoint the Effect of their Testimonies." In pursuance of this natural but illegitimate purpose the three merchant adventurers, having traced the intended witnesses to Crawfordsdyke in Renfrew, " upon the River of Glide," whither they had retired for rest and privacy, came accoutred with swords, pistols, " or other invasive Weapons," about midnight on Saturday, 27th November 1719, to the change-house of that village, where the two sailors were "sitting in a peaceable Manner, preparing to go to Bed." After threatening the inmates with a pistol, the party forcibly seized and carried off the mariners, dragged them on board a boat, and so " transported them from Place to Place through the Country, sometimes under Cloud of Night ; and unlawfully confined them as Prisoners for several Weeks " in the houses of Newark, Anstruther- field, and Balcaskie, from which imprisonment Cowie ultimately escaped, and Copinger was liberated at the instance of the Crown authorities. It appears from a note on the report that " Tho' the Criminal Letters are raised against Bailie James Graham of Anstruther, yet he could not be got in due Time cited to the 25th of March, which was the Day appointed for the Trial." Hence the bailie's non-appearance at the bar along with his brother bandits. A formidable array of counsel was engaged in the proceedings, Walter Stewart, Advocate- Depute, with Charles Erskine, Kobert Craigie and Peter Wedderburn, conducted the prosecution; Sir James Stewart, Alexander Hay, James Gordon and John Forbes appeared for the defence. Erskine, as Solicitor-General, in 1736 assisted in the prosecution of the celebrated Captain Porteous ; Sir James Stewart was the son of the Lord Advocate Stewart invidiously known as " Wily Jamie." 38 PLAGIUM Copinger and Cowie were not examined as witnesses, their evidence being adduced in the form of an affidavit made by them on 7th October 1719, which deals only with the question of the smuggled brandy. In this document the complainers set forth on oath that in the beginning of May last they were hired by Sir Alexander Anstruther to sail in the Anne and Margaret from Scotland to Hamburg. At Pittenweem the ship took on board 80 or 90 tons of foreign salt. She then sailed round to St. Andrews Bay, " betwixt Grail and the Red Head," where 60 or 70 tons of the cargo were landed in fishing hoats, the master and mate superintending the trans-shipment. She next sailed for St. Martins in France, where the remainder of the cargo was landed, after which she left in ballast for Bordeaux, where a cargo of wine and brandy was shipped, which they understood was for Scotland, " tho' they were all caution'd by the Master (in case there was need) to say. That they were bound for Bergen in Norway." From Bordeaux they returned to St. Martins, where they re-shipped the salt previously landed, and being thus loaded began their home- ward voyage. When the ship reached the Forth about the end of August, " there was a Man sent on Shore to St. Andrews to give Notice thereof." On the two following nights "eight Boats were loaded out of the said Ship with Quarter Casks of Brandy, and sent on Shore," the son and son-in-law of Bailie Low of St. Monans having charge of the boats, and the captain and mate checking the casks. Among other documentary evidence produced by the complainers was a Custom-house Certificate of Cargo of the Anne and Margaret on her outward voyage, which bore that she sailed for Danzig on 25th May 1719 with 1657 bushels of foreign salt for account of Sir Alexander Anstruther ; a Certificate of Seizure of 462 casks, con- taining 4700 gallons of brandy, " being prohibited to be imported " ; a Warrant for apprehending Sir Alexander and his co-partners, upon which they were imprisoned in the Tolbooth of Edinburgh ; and a Warrant for liberating PLAGIUM 39 the prisoners, they having found sufficient caution that they would stand their triaL Appended to the Criminal Letters was a list of 51 witnesses in support of the charge, of whom, however, only 20 were called. The indictment was laid both at common law and on the clause of the Act 1701, c. 6, anent wrongous imprisonment, and concluded for fine, deprivation of office, and incapacity of public trust. On 25th March 1720, " when this Libel was called before the High Court of Justiciary, the Procurators for the Pannels offered some Objections against the Relevancy and also some Grounds of Exculpation, and insisted on several Pretences and Excuses for the Pannels ; To which Answers being made, Parties were ordained to inform." The Informations, or written pleadings for the parties, are not less lengthy than learned. It was argued for the defence that what occurred at Crawfordsdyke amounted to no more than a common riot ; that there was nothing in the nature of Hamesucken, "since they [the pursuers] were not dragged from their own Dwelling-house"; nor of Plagium, " since it was not luc7'i faciendi causa, and in order to sell them into Slavery." The pursuers were detained by the defenders as " necessary Witnesses for proving an Exculpation in case of a Trial of the Frauds alleged to have been committed." Their confinement could not come under the Statute, which had no concern with imprisonments made by private persons in privato carcere. It was further pleaded in exculpation that no violence was used to the pursuers at Crawfordsdyke, and even had such been employed, " yet that was taken off and remitted by their going voluntarily along all the rest of the journey," during which they had several opportunities to escape had they been so minded. To this it was answered that in view of the "black and detestable" character of the crimes charged, the pannels ought to be thankful that they were no worse off, there being " good Reason for heightening the Punishment to a higher Pitch than is here done." Hamesucken was com- 40 PLAGIUM mitted, as the pursuers were invaded by men In arms in their quarters at Crawfordsdyke, where the}'- had for some time resided. As to Plagium, the motive was " the saving, if possible, the Reputation of the Pannels and their Cargo, by putting them [the pursuers] out of the Way, either by sending them as Slaves to foreign Countries or disposing of them in a worse Manner." The effect of the Act 1701 " is the same as to Restraint of personal Liberty both with regard to those clothed with publick Authority, and private Persons ; the Injury to the Person is the same, and the Affront in the last Case is higher." As to the facts : threats and violence were used in carrying the pursuers out of the house to the boat ; they remonstrated against that violence and " expressed their Griefs " to divers persons by the way ; the pannels guarded them as prisoners, riding before and behind them ; Copinger offered money to one of the servants to inform the Sheriff of their plight ; the later separation of the prisoners "and shifting their Residence in the Night-time, is an undeniable Mark that all these Doings were the Works of Darkness " ; and finally, Cowie's escape, and Copinger's liberation only in consequence of a complaint against Sir Alexander and upon a Bail-bond for his appearance given by Sir Philip under a high penalty to produce him, confirmed the truth of the indictment. On 1st April the Lord Justice-Clerk (Adam Cockburn of Ormistoun) and the other Lords of Justiciary, having heard parties, pronounced an interlocutor finding (l) the invasion and threats at Crawfordsdyke, (2) the forcible carrying-off and putting on board the boat, and (3) the detention under restraint in the houses of Newark, Bal- caskie and others, each relevant to infer an arbitrary punishment, and in the last case, damages and expenses also ; repelled the defenders' whole objections ; and remitted the libel, as found relevant, to the knowledge of an assize. On 4th April a jury was accordingly empannelled, which included such " representative " Edinburgh citizens as Sir PLAGIUM 41 James Kochead of Inverleith (who, being himself a Nova Scotia baronet, may be supposed to have had some sympathy with the principal offender), and William Ged, goldsmith, the inventor of printing from stereotype plates. The prosecutors then adduced their proof Elizabeth Kelburn, spouse to Robert Sinclair, Inn- keeper in Crawfordsdyke, with whom Copinger and Cowie had lodged, stated that between 11 and 12 o'clock on the night in question certain strange men came to her house and knocked civilly at the door, which was bolted. When she drew the bolt they rushed into the house and seized hold of her lodgers, who were sitting by the fire making ready for bed. On her remonstrating one of the invaders, producing a pistol, "desired the Deponent to hold her Peace, for that should be her Portion." They then took their prey by the arms and carried them out ; Cowie had taken off his stockings, and next morning her son found Copinger's hat lying on the quay. She could not identify the pannels as her invasive visitors, " there having been no Candle-light in the House, nor other Light except the Light of the Fire." Richard Graham, merchant in Glasgow, said that in November last he was desired by Sir Alexander and Skipper Black " to provide a Boat and some Men to the Key of Crawfordsdyke for carrying off the Pursuers Copinger and Cowie," which he did, and was present when they were taken prisoner at Sinclair's house. Both pannels were armed, and he saw Black threaten the woman with a pistol. Bailie Graham was also of the party. The captives were marched down to the quay ; " it being dark he did not see them put aboard the Boat," but he heard a cry of " Murder ! " and another cry "desiring them to stop his Mouth." He also heard " a OTeat Strusfsle and Noise " durino^ the embarkation. As the boat put off, he, rather gratuitously, " wished them a good Voyage." Witness believed that neither of 42 PLAGIUM the men " would have gone away if they could have shunned it." James Boyd, sailor and a neighbour of Sinclair, heard " a Noise of Feet, and saw a Bulk of People together which went down the Key, and heard a Voice crying ' Murder,' and a Voice crying, ' Toss them into the Boat,' and did see a Boat go oif from the Shore." James Smith, another neighbour, " was designing to go to Bed," when he heard the cry and the trampling of feet. He took a lantern and went down to the quay, where he heard the sound of oars and also " Strokes given, but whether they were upon a Man's Back or not he cannot tell." John Spiers, merchant in Greenock, said that on the day on which Cowie and Copinger were captured he was " in a Company at New Port-Glasgow " — presumably mean- ing in a public-house — when Skipper Black and one who resembled Sir Alexander were present. One of them asked him " if he knew that two Stranger Sailers, who were employed by the Commissioners of the Customs, were at Crawfordsdyke ? " He replied " that the said Strangers lodged in Mrs. Sinclair's." So much for the seizure at Crawfordsdyke ; the captives were rowed across the Clyde, and the story is taken up by witnesses from the other shore. Elizabeth Porterfield, spouse to Alexander Porterfield in Hill of Ardmore, said that about midnight, her household being abed, there came to her door some boatmen of New Port-Glasgow, with five other persons, three of whom "looked like Gentlemen," and called for lights and a fire. One of the other two complained of a hurt knee, having been " taken uncivilly from his Quarters." The boatmen addressed one of the gentlemen as Mr. Black. They remained till the next morning, when they left for the Ferry of Bonhill. William Lindsay, " Ferrier at the Boat of Bonhill," said that the pannels and some others, five in all, came to his house about 10 a.m. and asked for a room. He PLAGIUM 43 identified Copinger and said that he wrote his name, Edward Copinger, with chalk upon the back of a bed, but Black came in with pistols " and rolled out the name." Copinger complained of a sore knee which he had got by being forced aboard a boat, and gave witness his keys to deUver to the Collector of Customs at Greenock. That evening there came a servant of Sir Alexander with four horses, and next day, being Sunday, other two horses were hired by Sir Alexander from witness for the prisoners' use. Copinger said that if he was to be treated as he had been the night before, " he would not go along with them although he were dragged," and Sir Alexander assured him that he need fear no harm. The party then set out for Drymen, the captives riding the two hired mounts. John Stewart, Bonhill, who was in Lindsay's house, corroborated. Andrew Miller, maltman in Drymen, said that the pannels hired two horses from him " the Length of Airth " for Copinger and Cowie. Witness accompanied the party to bring his horses back. At Mill of Touch Copinger offered him a guinea to go to Stirling and ask the magis- trates to rescue him, but witness declined to meddle in the matter. James Telfer, Sir Alexander's man, said that by his master's orders he brought the horses to Bonhill. He went with the party to Drymen, and so by Mill of Touch to Airth; "thence to Higgins-nook, where they boated all the foresaid Persons, and landed at Kincardine ; and from thence they came to Anstrutherfield on Monday, about 6 or 7 a Clock at Night." Horses were hired for the captives' use from Bonhill to Drymen, and from thence to Airth ; those hired at Airth " were carried over the Water with them " to Kincardine. (The hiring of the several horses was also established by other witnesses.) After staying a night at Anstrutherfield the prisoners were removed to Newark, where "the Deponent every 44 PLAGIUM Night he lay in the Room with the Complainers, bolted the Door on the Inside." Sir Philip Anstruther of Anstrutherfield gave evidence as to the granting of a Bail-bond by him for the production of Copinger. He instructed Bailie Murray of St. Monans to enquire for the missing witness ; the bailie, who " had been at some Pains to find him out," ultimately produced him up to time, and the Bail-bond was discharged. Sir Philip was asked no questions as to the scene of Copinger's sequestration. Anne Kilgour, maidservant at Newark, said that she saw Copinger and Cowie in a room there several times in November and December last. She had seen Telfer in the chamber with them and sometimes found the door locked. William Galloway, servant at Newark, saw the com- plainers brought there by Sir Alexander and Black. " For the most Part they kept their Room." After a few days Sir Alexander ordered witness to take Cowie " in the Night- time to the House of Balcaskie," which, accompanied by his fellow-servants Steedman and Knox, he accordingly did, delivered him to John Fairfoul, servant to Sir Robert Anstruther, and saw him put in a room there. Some days later the same three men by Sir Alexander's orders " rode along with Copinger to the House of Ardross, likewise in the Nig-ht-time," and dehvered him to John Lorimer, servant to Sir John Anstruther of that Ilk. After Cowie's escape from Balcaskie, Sir Alexander ordered them to remove Copinger from Ardross " to the House of Craighall in the Night-time and on the same manner," where he was delivered " to a Maid of the House and was carried up to a Room." After remaining there some days he was by Sir Alexander's orders brought back to Newark, where " he staid in his Room as in the former Time," until his libera- tion at the instance of the Crown authorities. Robert Steedman and Robert Knox, both Sir Alexander's servants, corroborated. They relieved each other and Telfer PLAGIUM 45 in "laying with the Complainers" at night at their various places of pilgrimage. John Lorimer, Sir John's servant, said that at Ardross Oopinger was kept in a room about eight days. He was locked in, except when Steedman lay with him, who told witness "he had Instructions to take Care that Copinger should not escape." John Fairfoul, Sir Robert's man, said he put Cowie in a room at Balcaskie, " in which Room he continued for Eight or Ten Days, during which Space he neither went abroad from the House nor from one Room to another." Witness locked him in at night, but " at last he made his Escape out of the said House by pulling off the Lock which was upon the Chamber-door, and got away betwixt going away of Day-light and the lighting of Candle." The servants went in search of him but could not find him. Thomas Dobie, a fellow-servant, corroborated. Cowie was locked in his room and Fairfoul kept the key. He added that Cowie had offered him half a guinea if he would go and tell his wife where he was detained, " but he [witness] refused to accept the Commission." This closed the complainers' proof, and the defence offered no evidence. The addresses of counsel are not recorded. As it was not then the practice for the pre- siding judge to charge the jury — a custom initiated by Lord Kames at the trial of Katharine Nairn in 1765, (a) — we have not the advantage of a judicial summing up of the evidence ; but to me it humbly appears that the com- plainers had fully established their case. Nevertheless the jury did, upon 4th April, "by Plurality of Voices find the first and second Parts of the Interlocutor not proven," i.e. the charges relating to the violent seizure at Crawfordsdyke, and the forcible embarkation there ; "and with one Voice find it proven. That the Complainers were carried from the Boat of Bonhill through the Country to (a) Twelve Scots Trials, p. 128. 46 PLAGIUM the Shire of Fife by the Pannels, likewise that Mr. Cowie was detained under Restraint in the house of Balcaskie, but we do not find the Restraint to have been by the Pannel's Orders " ! This amazing verdict must surely have been the subject of debate, but the report contains nothing further than the interlocutor of Court, pronounced on 15th April, by which the pannels were assoilzied and dismissed from the bar. I should like to have had a word with my respectable kinsman, Sir James Rochead, as to the jury's finding ; I can only hope that at least he voted in the minority. One wonders how Sir Alexander and his myrmidons proposed to deal with their prisoners had the one not been rescued from their clutches and the other effected his escape. The Information for the complainers darkly hints that "the w^orst was to be suspected, if by good Providence the Contrivance had not been seasonably found out and disappointed." The excuse urged for the pannels that in acting as they did they were merely safeguarding their own witnesses so as to prevent them being " got at " by the Revenue officials, is sufficiently ludicrous ; but they can hardly have been prepared, in their zeal for the suppression of evidence, to go the length of murder. Whether or not any further steps were taken against them on the smuggling charge I have been unable to discover. Those were spacious days, and it is probable that Sir Alexander's reputation with the sporting baronets who formed his family circle in no wise suffered from his devotion to the Free Trade principles ; while among his brethren of the Parliament House his professional standing may even have been enhanced by reason of his unique experience in criminal practice, and his familiarity with both sides of the bar. LOCUSTA IN SCOTLAND: A FAMILIAR SUEVEY OF POISONING, AS PRACTISED IN THAT REALM LOCUSTA IN SCOTLAND: A Familiar Survey of Poisoning, as Practised IN THAT Realm Fie on these dealers in poison, say I ; can they not keep to the old honest way of cutting throats, without introducing such abominable innovations from Italy ? — On Murder, Considered as one of the Fine Arta. TT is strange that a critic so acute as De Quincey, while -*- extolling the rude methods of the mere manslayer, should hold in light esteem the poisoner's delicate and nimble art. Such attaching cases as that of Miss Blandy or of Captain Donellan shall never, he protests, have any countenance from him ; and the instance which he selects as a palmary example of the purest and most perfect style is that of the savage Williams, who exterminated with a carpenter's maul two whole families in Ratcliffe Highway. As in the case of other artists before and since, quantity rather than quality seems to have been Mr. Williams' note, and his best bit of work was his last — the lianQ-ina; of himself in a prison cell with his own braces. Regard being had to the relatively rare occurrence of poisoning in Scotland, it would appear that De Quincey 's view was largely held by local exponents of the homicidal cult. Possibly the national sense of thrift counted for something in the matter ; drugs were dear and hard to come by, but the meanest could command a knife. Be that as it may, one of our chief connoisseurs, King -James the Sixth, followed his native bent in employing the stake, the dagger and the gibbet for the elimination of such of his Scots subjects as were repugnant to the Royal pleasure — compare his unnumbered witch-burnings, passim, and the butchery of the Cowrie boys at Perth. Not until His Majesty enjoyed the refining influence of the Ttalianate Court of 49 4 50 LOCUSTA IN SCOTLAND England did Prince Henry eat at Woodstock the impoisoned grapes, and Sir Thomas Overbury die lingeringly in the Tower, attended by the King's mediciner, after a liberal exhibition of realgar, mercury, white arsenic, and dust of diamonds. The last named sounds the most attractive, but doubtless it was all one to the patient : " What would it pleasure me," asks the Duchess of her murderer in Webster's great tragedy, " What would it pleasure me to have my throat cut with diamonds ? or to be smothered with cassia ? or to be shot to death with pearls ? " Queen Mary, so amazingly James's mother, a princess, by reason of her French upbringing and natural gifts, infinitely superior to the gang of noble ruffians about her throne, wrote to Bothwell once, deprecating his crude purpose of blowing up her petulant spouse with gunpowder: "Advise to with zourself gif ze can find out ony mair secreit inventioun by medicine, for he suld tak medicine and the bath at Craig- millar." Poison, she wisely implies, would make less noise than powder ; but the hint was thrown away upon the rude Borderer, and more than Darnley was exploded at Kirk o' Field. For the curious in homicidal pharmacy the accounts of early cases preserved in our records are provokingly scant. This is due as well to the ignorance of the amateur practitioner, as to the ineptitude of physicians in failing to detect him in his interesting pursuit. The pioneer of poisoning groped his way, as it were, in a scientific wilder- ness, where was "nor path nor friendly clue to be his guide," while the professed man of medicine was better versed in the mysteries of the heavenly, than in those of merely human bodies. The first Scots Act to recognise the crime of poisoning as such is that of 1450, (a) whereby all persons are forbidden under pain of treason to bring home poison for any use by which any Christian man or woman may take bodily harm. " But notwithstanding of these (a) 7 James II. c. 31 and 32. LOCUSTA IN SCOTLAND 51 words," observes Sir George Mackenzie, "Apothecaries and others do daily bring home Poyson " ; indeed, whatever the Legislature might intend, the Statute was practically a dead letter, for he adds, " I find no instances in the Journal Books where any have been convict as Traitors upon this account. "(a) Thus the provision was of no benefit to poisoners, who suffered on the scaffold the com- mon doom of homicides, without the added distinction of mutilation and dismemberment. Passing such hazy instances as the suspected poisoning of Margaret Drummond, mistress of James the Fourth, in April 1502, the earliest case of the kind in our records is that of the Lady Glammis. Jean Douglas, grand-daughter of " Bell-the-Cat " and sister of Archibald, sixth Earl of Angus, a lady famous alike for beauty and virtue, had provoked the wrath of James the Fifth by her attachment to her brothers, the banished Douglases, of whom the King had sworn that while he lived they should never find refuge in Scotland. As the only member of her family on whom the Royal hands could be laid, Lady Glammis was rancorously harried by divers criminal prosecutions, and finally, upon false evidence, done to death. Her first husband, John, Lord Glammis, having died in 1527, she had married a Campbell. In 1532 she was indicted for taking the life of her former spouse "j9er intoxicationem'' : contriving his death not, as might appear, by driving him to drink, but by means of drugs, charms and enchanted potions. The lords and lairds summoned as jurymen upon her trial, believing her innocent, refused the office ; they were fined and the proceedings dropped. (6) Five years later, however, the attack was renewed in another form. One William Lyon, who unsuc- cessfully had sought her favours, was found to bear false witness against her; in July 1537 she was tried and con- victed, upon what evidence we do not know, for conspiring to destroy the King " be poysone," and for treasonably («) Laivs and Customs of Scotland in Matters Criminal, tit. viii. (6) Pitcairn's Criminal Trials in Scotland, i. 157--', 158*. 52 LOCUSTA IN SCOTLAND assisting her Douglas brothers. (a) The judges delayed sentence, and represented the case to His Majesty as one meriting the Royal mercy ; but James was not inclined to be clement — the law must take its course. So the hapless lady was burnt alive upon the Castle Hill of Edinburgh, "with great commiseration of the people, in regaird of her noble blood and singular beautie."(fe) Her husband, in attempting to escape from the Castle, fell down the rocks and was killed ; her son, the young Lord, was kept a prisoner till the King's death. The traditional belief that Lady Glammis suffered for witchcraft is erroneous : she died a victim to political spite, " as I can perceyve," Sir Thomas Clifford, the English Ambassador, reported to King Henry VIIL at the time, " without any substanciall ground or proyf of mattir."{c) In the following month Alexander Makke, convicted of making and selling poison, and of concealing Lady Glammis' treason, was condemned to have his ears cut off and to be banished for life to Aberdeen. (cZ) One w^onders how the Aberdonians liked the compliment. During the troublesome reign of Queen Mary her subjects were probably more occupied with politics than with poison, for we find but two cases upon record : Henry and Patrick Congiltoune, for "the cruel Slaughter by Intoxication" of their nephew, in October 1554 ;(e) and Adam Colquhoune, for the murder of a servant and the attempted murder of his mother and stepfather "by that secret method of Poison or Intoxication," in March 1562. (y) The wicked uncles escaped, but the other practitioner was hanged and his body burnt to ashes on the Castle Hill. Under the Solomonic sway of King James the Sixth, when evil-doers increased and multiplied and, reversing the divine command, did their best to displenish the earth, (a) Pitcairn, pp. 187* 191*. (b) Ibid., p. 195*. (c) Ibid., p. 198*. (d) Ibid., p. 20.3*. (e) Ibid., pp. 368*, 369. (/) Ibid., pp. 419* 420*. LOCUSTA IN SCOTLAND 53 poisoning shared in the revival of naughtiness. The popular belief in witchcraft, which by precept and example that enlightened monarch did so much to foster, rose to un- paralleled heights, and the Records of Justiciary for the time abound in witch-trials, wherein charges of sorcery and poisoning are inextricably mingled. An examination of these, however entertaining and instructive, would take us too far ; nor does space permit enquiry into the mystery attending the death of the Earl of Atholl, after a feast of " reconciliation " given in April 1579 by his rival the Regent Morton, who was popularly credited with his taking-off. Cases more strictly relevant are that of Helen Cunninghame in January 15 79, (a) for " Ministering of Poysoun to William, hir spous," and of Andro Glencorse in February 1580,(^) for "the poisoning of Issobell Staig, his spous." Both were convicted and duly suffered. In December the same year took place the trial of Laurence, Lord Oliphant, for the slaughter of Alexander Stewart, " schot with ane poysonit bullet." He was acquitted. (c) The only other instance of this peculiar form of crime occurred in June 1609, when the turbulent Border baron, John, Lord Maxwell, treacherously slew with two poisoned bullets Sir James Johnstone of that Ilk, who had superseded him as Warden of the West Marches. (c^) In neither case is any proof of preliminary poisoning recorded ; perhaps it was inferred merely from the symptoms, or from the morbid appearances. The year 1590 is memorable for the Great Oyer of Witchcraft — the series of trials following upon the Satur- nalia at North Berwick, as to which King James was so curious — but the case of Katharine, Lady Foulis, in July of that year, must have occasioned more scandal in Scots society. (e) This lady, a daughter of Ross of Balnao-owan and the second wife of Munro of Foulis, was charged with poisoning and witchcraft, the intended victims beino- her brother's wife and her own stepson ; the object, to brino- (a) Pitcairn, i. 80. {b) Ibid., p. 84. (c) Ibid., pp. 89, 90. (d) Ibid., iii. 28 et seq. (e) Ibid., i. 192-201. 54 LOCUSTA IN SCOTLAND about a marriage between her brother and her stepdaughter. Fortunately matchmaking mothers seldom carry their scheming to such sinister lengths. We are not here con- cerned with the witchcraft charges, interesting and typical though they are, based upon the dealings of Lady Foulis with certain sorceresses, " lialdin and reput rank commoune Vichis in the countrey." These hags, who varied their necromantic practices by the purveying of poisons, were employed by her ladyship to furnish " ane stoup-full of poysonit new aill " for the destruction of the young laird of Foulis ; but the lady, having tried its efficacy upon a boy, who only " thaireftir tuik seiknes," commissioned the making of "ane pig-full of ranker poysoune," which she sent to her stepson by his "nourrice." The nurse, unluckily for herself, " taistand of the samin, immediatlie thaireftir departit — " upon a farther errand. In connection with the machinations against the Lady Balnagowan, it is noteworthy that one of the charges contains the first recorded mention of that venerable and flowing-bearded excuse for the acquisition of poison — rats. The fallacious use of the word in this relation may have determined its value for modern slang. Lady Foulis was accused of giving eight shillings to a man of the congenial name of McGillieverie-dam " to pas to Elgyne for hying rattoun poysoune" While the minor actors were suitably " convict and brunt," the leading lady was acquitted : her jury was composed of local burgesses and family dependants — a characteristic example of justice as administered under James the Just. Very different was the treatment accorded in the following year to another gentlewoman, whose estate the o-ood Kinor coveted for one of his minions. Among the North Berwick "witches" socially the most remarkable was Euphame MacCalzean, daughter of Lord Cliftonhall, one of the Senators of the College of Justice. This lady was in June 1591 sentenced to be taken to the Castle Hill, " and thair bund to ane staik and brunt in assis, quick, to the death," for treasonably conspiring against LOCUSTA IN SCOTLAND 55 His Majesty's life by witchcraft ;(a) but the " Dittay " against her contains another interesting charge : " Item, Indytit of airt and pairt of the poysouning of the said Patrik Moscrop, your husband, upon deidlie malice con- tractit aganis him, the fyrst yeir of your mariage, be o-ewing to him of poysoun, and cuist the rest thairof in the closett ; quhairby his face, nek, handis and haill body brak out in reid spottis, quhilk poysoun wes expellit be his youth." Further attempts convinced Patrick that Scotland was no place for him, so he fled beyond " the seais " and spent the remainder of his days abroad. In June 1596 the Master of Orkney was tried for con- spiring to murder his brother Patrick, Earl of Orkney, by poison at a banquet in Kirkwall. Though King James personally insisted "in persuit " of the Master, and had the Crown witnesses, in order to confession, tortured with a ferocity which, as Mr. Pitcairn observes, " would disgrace the most barbarous tribe of Indians," the prosecution happily failed, (fe) A similar result attended the trials, in October and November of the same year, of Alison Jollie in Fala, for poisoning a neighbour with whom she had quarrelled over " ane aiker of land,"(c) and of John Boyd, burgess of Edinburgh, for the " slauchter " of a woman by putting poison into the domestic meal-cupboard, on account of "ane deidlie rancour" conceived against her.(cZ) In November 1601 two men of Brechin named Bellie were banished the realm for mixing poison with dough, " and casting doune thairof in Jonet Clerkis zaird in Brechin for destructioune of fowlis, be the quhilk poysoune they dis- troyit to the said Jonet twa hennis."(e) Of a darker hue were the deeds for which in July 1605 William Rose of Dunskeith suff'ered doom.(/) This miscreant with the co- operation of his mistress, Marie Rannaldoche, frankly designed in the record " ane harlot," essayed to murder (a) Pitcairn, i. 247-257. (h) Ibid., pp. 373-377. (c) Ikid., pp. 397-399. (d) Ibid., p. 399. (e) Ibid., ii. 336. (/) Ibid., pp. 481-484. 56 LOCUSTA IN SCOTLAND his wife with " poysonet and tressonabill drinkis," and failing in his purpose, " unmercifullie strangallit and wirreit" her in her bed. As, in addition to murder under trust, he was convicted of stouthrief or masterful theft, reset, adultery and other crimes, Rose must have been a very pretty villain. No distinction appears then to have been drawn be- tween the felonious administration of drugs to destroy life and the giving of them with curative intent. Thus, in November 1597, Christian Saidler in Blakhouse, "a wyise wyffe," who had successfully treated sundry patients by prescriptions obtained " frae ane Italean strangear callit Mr. Johnne Damiet,"(a) thereby effecting cures "quhilk be na naturall meanis of phisik or uther lawfull and Godlie wayes" could, in the judgment of the authorities, have been performed, was upon conviction "wirreit at ane staik' on the Castle Hill. (6) It seems hard that she should have suffered for the Crown lawyers' lack of faith. So too, in the case of Bartie Patersoune, " tasker in Newbottill," indicted in December 1607 for " ministring, under forme of medecine, of poysoneable drinkis," the alleged murder of two patients is charged along with the " cureing of James Broun in Turnydykis of ane unknawin disease," as also the treating of " his awdn bairne " and of one Alexander Clerk, the remedy employed in each case being " watter brocht be him furth of the Loch callit the Dow-Loche, besyde Drumlanrig."(c) Upon this point a further illus- tration of what was legally held to constitute the crime of poisoning is afforded by the case of Issobell Haldane in May 1623, charged with bringing water from the Well of Ruthven, of which she " had gewin drinkis to cure bairneis," one of whom, notwithstanding, died. For these charitable acts she was " brunt " at Perth as a warning to sick-nurses in general, (c/) (a) Jehan Daniyte, the French or Italian priest and wizard who warned Rizzio of his danger. (6) Pitcairn, pp. 25-29. (r) Ibid., ii. 535, 536. (d) Ibid., pp. 537, 538. LOCUSTA IN SCOTLAND 57 In November 1609 James Mure of Monyhagen was " dilaitit " for having given to Mai-garet Wicht in Dalraellington " ane Incliantit drink."(a) This person, a kinsman of the celebrated John Mure of Auchindrayne, "maist willinglie " offering himself to trial, " disassenting fra all continuatioun," and alleging that the charge was " bot maliciouslie inventit aganis him be the said Margaret for hir awin previe advantage " — a defence worthy of his redoubtable relative — was discharged owing to the non- appearance of the " Persewar." Perhaps, knowing the family, the lady thought it more prudent not to press the matter: the Mures were ill folk to go to law with. Leaving these nebulous and fantastic charges we reach solid criminal ground in the case of the Erskines in December 1613, Robert, Helen, Isobel and Anna, brother and sisters, were branches of the godly tree whereof Mr. John Erskine of Dun had been the stalwart trunk. That inveterate Reformer, surviving till 1591, devoted, we are told, his declining years to the moral and religious welfare of his many descendants. Robert and his sisters were probably then too young to profit by the good man's precepts ; but if they were a fair sample of the stock, he had his work cut out for him. Their brother David, the last laird of Dun, died leaving two children, on whose behalf the property was administered by a tutor, an office to which the uncle Robert thought himself entitled — doubtless a long minority would present opportunity for pickings. But apart from this grievance, his sisters urged upon him the hardship of being kept out of a fair estate by the survivance of their little nephews. Beyond credi- bility as it seems, repeated family counsels were held within their house of Logic as to the best way of expe- diting Robert's succession. The sisters — who might claim kinship with their resolute countrywoman, Lady Macbeth — finding it difficult to screw their less bloodthirsty brother's courage to the sticking-place, approached one (a) Pitcairn, iii. 68, 69. 58 LOCUSTA IN SCOTLAND David Blewhouse with a proposal that if he could contrive " be sum sinisterous meanis " the extinction of the two young lives standing between Robert and the estate, he should receive part of the lands and five hundred merks in silver. Subsequently Robert himself called upon Blew- house to homologate the offer, but that gentleman declined to treat. Thereupon the sisters set out one summer evening from the place of Logic, and passing over Cairn-o'-Mount towards Muir alehouse, took counsel with a wise woman, Janet Irving by name, reputed "ane abuser of the people," From this sibyl they obtained " ane grit quantitie of herbis " which, with instructions for use, they carried home to Logic. Robert, sceptical as to the potency of the herbs, personally interviewed the sorceress, who satisfied him that they were " forceable aneuch " for his purpose. So as directed they were steeped in ale for a long space, and the resultant brew was taken by the family party to Montrose, where the children were then living with their mother. After drinking this beverage both boys were seized with pain and violent vomiting, to which the elder presently suc- cumbed, exclaiming with his ultimate breath, and a grasp of the situation beyond his years : " Wo is me, that I evir had richt of successioun to ony landis or leving ! fi"or gif I had bene borne sum pure coitteris sone, I had nocht bene sa demanet [treated], nor sic wikket practizes had bene plottit aganis me for my landis." Only less immediately fatal was the condition of the younger boy, " ofi" quhais lyfe," says the indictment, " thair is na hoip." This monstrous and sordid crime was fortunately too clumsy to escape detection, so the uncle and aunts were forth- with apprehended. Robert was tried first in December 1613, and having avouched the deed, was beheaded at the Mercat Cross of Edinburgh. (a) His sisters, denying their guilt, were in the following June convicted upon his confession and on the direct evidence of BJewhouse and others. Isobel and Anna shared their brother's doom ; (a) Pitcairn, iii. 260-264. LOCUSTA IN SCOTLAND 59 Helen, " being moir penitent, thogh less giltie, than the rest," had her sentence commuted to banishment for life. (a) The whole horrid business forms an instructive comment on the state of Scots society in the golden days of "gentle King Jamie." Hitherto we have walked in the light of the admirable Pitcairn, whose research has done so much to make plain the way of the student of early Scottish crime. Sir Walter Scott wrote in the Quarterly Review for February 1831 an article warmly appreciative of "his patient and enduring toil," but these labours, unfortunately for us, were carried no further than the year 1624; and for subsequent cases, other than such as are separately reported, until we reach the first series of the ofiicial Justiciary Reports beginning in 1826, we must rely on those respectively noticed in the treatises of Burnett and Hume, and included in the collections of Maclaurin and Arnot. The Proceedings of the Justiciary Court from 1661 to 1678, published by the Scottish History Society, are so barren in detail as to yield little to the present purpose. The only grain I have been able to glean from them is the case in May 1665 of Margaret Hamilton, relict of Robert Bedford, merchant in Leith, for the murder of her husband, an Englishman, inspired by an intrigue with his friend, a local surveyor. This lady " employed a servant to buy poison," but being, as appears, of an impetuous habit, she anticipated its action "with the canon bullet that she used for breaking of her coalls," accounting afterwards for the deceased's injuries by a pretended fall down stairs. She was very properly beheaded.(?>) From the inadequate data furnished by these early cases it is impossible to tell the nature of the toxic substances employed, while the common conjunction of poisoning and sorcery does not tend to enlightenment ; but such indica- tions as there are point to the poisons formerly classed as vegetable. We now come to the first recorded Scottish {a) Pitcairn, pp. 2GG-269. (6) Justiciary Records, i. 125, 126. 60 LOCUSTA IN SCOTLAND case in which the poison used is definitely stated : that of John Dick and Janet Alexander, his spouse, convicted in March 1649 of the murder of his brother and sister by poisoning them with arsenic, administered in a loaf or bannock. (a) It is to be noted that, so curiously con- servative is the criminal mind, this irritant has since continued the standard medium in homicidal poisoning. That it was early and widely recognised as such in other times and countries appears from its adoption by the classic school of Greek and Latin poisoners. Arsenic was the favourite specific of the Borgias, the famed Aqua Tofi"ana consisted of a solution of arsenic, and to arsenic Madame de Brinvilliers owed her dreadful power. Its deadly properties were well known ; it was readily obtainable and as easily administered; and, until in 1836 Marsh discovered his test, there was no certain method for its detection. (6) An interesting case, disclosing unusual originality of design, in which death was caused by the excessive adminis- tration of drugs not in their nature poisonous, was tried in January 1676. (c) Two menservants, John Ramsay and George Clerk, were charged with the murder of their master, John Anderson, merchant in Edinburgh, an old bachelor, wealthy and infirm, with none to care for him but his hired attendants, who basely abused their trust by repeatedly robbing him when they had lulled his vigilance with liquor. The season was "very sickly" — dysentery raged in the town ; there were many deaths, and the stricken were ignorantly shunned for fear of infection. To these wicked servants the idea . occurred of counterfeiting by medicine the symptoms of the disease in their master. For this purpose they consulted in the King's Park a lad named Kennedy, an apothecary's apprentice, whom they induced to supply them with certain purgatives, which (a) Burnett's Criminal Laiv, p. 9 ; Hume's Covivientaries, 1819, i. 284. (6) Those curious in the poisons of the ancients may consult Edinburgh Medical Journal, xxxiii. 315. (c) Arnot's Criminal Trials, 1785, pp. 142-145 ; Burnett, p. 9 ; Hume, i. 285. LOCUSTA IN SCOTLAND 61 speedily produced the desired result. The old man called in his own physician, who treated him for the common disorder. From Kennedy they also obtained syrup of poppy, which they mixed with their master's drink, and when he was unconscious, rifled his repositories of money and jewels. They next gave him "powder of jalap and crystal of tartar" to counteract the effects of his doctor's prescriptions. But whether by the efficacy of these, or by the strength of his constitution, the old gentleman beo^an to mend ; so the murderers sought from Kennedy a more potent drug. This the apprentice refused to give them, "saying that the body would swell, and they would be discovered " ; but he advised an increased exhibition of jalap, which they accordingly mixed in a conserve of roses prepared by the patient's own apothecary. So soon as they perceived that the end was near they secured the residue of his valuables, and " called in the neighbours to see him die." Eamsay and Clerk were convicted and, con- fessing their guilt, were hanged at the Cross ; Kennedy, who had furnished the drugs and shared the spoils, was in the following February indicted as art and part in the crime. It was ingeniously objected for him to the rele- vancy of the charge that the Act 1450 on which he was tried applied only to poisonous drugs, not to such as were given medicinally and were not intrinsically noxious. The point was never judicially determined, for before judgment Kennedy was upon his own petition banished for life ; but Sir George Mackenzie in discussing the question observes : " The best of Druggs, given in great excess, is Poyson ; for Poyson consists in excess of quantity as well as quality, and whatever overpowers our nature is poysonable to us. "(a) The only similar case I have encountered is that of William Paterson, tried in February 1815 for the murder of his wife by repeated doses of sulphur, calomel, tartar emetic, jalap, castor-oil and other purgatives. At the trial, a surgeon («) Laws and Customs of Scotlniid in. Matters Criminal, tit. viii. 62 LOCUSTA IN SCOTLAND swore that he was asked by the husband for such drugs to dispatch the wife, and when these were refused with the remark that this was tantamount to murder, Paterson replied, "No; it was only helping her awa " ! He was acquitted by a majority of one ; but his neighbours, taking a diflferent view of the facts, well-nigh lynched him on his return home. (a) The attempt and not the deed, which confounded Lady Macbeth, also caused some confusion in practice as regards its proper penalty. Thus in the case of David Hay and Dr. Thomson, March 1692, in which an attempt to poison with laudanum was charged along with the actual murder of Hay's wife, the doctor who had supplied the drug was convicted of art and part. Both were sentenced to be hanged, and to have their heads cut off and affixed to the jail of Lanark. (6) In the case of Dr. Elliot and others in January 1694, where the charge was "the designing to use, and the use-making and buying of poyson," coupled with a malignant conspiracy to fix the like crime on two innocent persons, the accused were sentenced to death. (c) When, on the other hand, in January 1728, Walter Buchanan of Balquhan was charged with two attempts to destroy Jean Dougal, Lady Branshogel, liferentrix of part of his estate, by giving poison to an unwitting third party to administer to her, the Court found the libel relevant to infer only an arbitrary punishment. (cZ) The same course was followed on the trial of Janet Ronald in May 1763, for an attempt to poison her sister by mixing with her food verdigris, of which by the timely use of antidotes she recovered. (e) Since the Act 10 George IV. c. 38, however, the attempted administration of poison with intent to injure or destroy life is a capital offence. (a) Hume, i. 285 ; ii. 318. (6) Burnett, pp. 8, 10 ; Hume, i. 175, 269. (c) Burnett, p. 10 ; Hume, i. 167, 175. (d) Burnett, p. 10 ; Hume, i. 176. (e) Maclaurin's Criminal Cases, pp. 211-249 ; Burnett, pp. 9, 10 ; Hume, ii. 399. LOCUSTA IN SCOTLAND 63 The case of Dr. Elliot above cited calls, on account of its unusual features, for more than passing mention. Daniel Nicolson, an Edinburgh writer, had a mistress named Marion Maxwell, and with the view of regularising their connection, he proposed to rid himself of his lawful spouse. For this purpose the pair "seduced" Dr. John Elliot to furnish them with the necessary drugs, which were supplied accordingly by that venal physician. Some diffi- culty was experienced in administering these, so the parties formed an elaborate and complicated plot for the judicial destruction of Mrs. Nicolson and her sister, Margaret Sands, by fixing on them a design to poison her husband. In pursuance of this scheme Nicolson waited upon the Lord Advocate, Sir James Stewart, to complain that his life was in danger from his wife and sister-in-law, who he said had conceived a groundless suspicion of his infidelity with Maxwell ; that they had applied for poison to Dr. Elliot, who, being filled with horror at such a proposal, informed the intended victim ; and asking his lordship's guidance in this painful predicament. Summoned before the Lord Advocate, the doctor confirmed the tale, adding that so anxious were the ladies to obtain poison, they would not hesitate to give a receipt for it in any terms he might suggest. His lordship authorised Elliot to supply what was wanted and to take a receipt therefor, intending to secure the poison when in Mrs. Nicolson's possession. The conspirators then placed poison in her repositories, where it was duly "discovered" by the Crown ofiicials. Dr. Elliot next produced a receipt in the required form, bearing to be granted by the wife and her sister, who were forth- with apprehended. But public opinion was less blind than Justice ; when the story got abroad the known character and conduct of Nicolson and Maxwell and the professional repute of their medical adviser, raised suspicions which in the end led to the unmasking of the plotters. The doctor, under re-examination, collapsed and confessed ; and the three malefactors were brought to the bar, charged with 64 LOCUSTA IN SCOTLAND forgery, conspiracy, and attempt to poison. The legal objection to Mrs. Nicolson giving evidence against her own husband was ingeniously surmounted by taking her testimony on oath before the Lord Advocate, the Sheriff, and the Clerk of the Privy Council, and producing her deposition at the trial ! His lordship's handling of this case goes some way to explain his popular nickname, "Wily Jamie." All three prisoners were convicted and suffered the extreme penalty. Resuming our chronological survey we find arsenic playing the leading part in a series of cases the first of which, that of William Bisset and Jean Currier, is of June 1705. (a) Jean, Bisset's mistress, bought from an apothecary in Dundee "an ounce of arsenic unprepared," on pretence of killing a dog, and gave it to Bisset, who administered it to his wife by the hand of their maidservant, as a medicine which her doctor had prescribed. The verdict " finds that the powder found in the defunct's stomach, Mary Murray, was the occasion of her death." Although Currier was accessory to, and was indeed the instigator of the crime, and both were convicted, their sentence was merely whipping, the pillory, and banishment. An interesting departure from the standardized methods of crime occurs in November 1720 in the case of Nicol Muschet, a villain whose name is familiar to readers of The Heart of MidlotUan.(b) Before slaying his wife in the King's Park, as commemorated by his cairn, Muschet and his associates made repeated attempts to destroy her by poisoning and other more violent means, from which her amazing immunity might, but for the sequel, lead one to think the lady bore a charmed life. Burnbank, Muschet's infamous friend and adviser, recommended corrosive sublimate as "far less dangerous to meddle with than arsenic, on account arsenic both swelled and (a) Burnett, pp. 9, 268 ; Hume, i. 270, 276 ; ii. 370. (6) Criminal Triah Illustrative of the Tale entitled " The Heart of Mid-Lothian," 1818, pp. 323-344 ; Maclaurin's Criminal Cases, pp. 738-741. LOCUSTA IN SCOTLAND 65 discoloured," and quantities of that poison were from time to time administered to the unhappy woman in the sugar she was in the habit of taking with her " dram." As she recovered from the illness thus induced, it was decided to increase the doses, so the conspirators put the poison into a nutmeg-grater, from which they conveyed it into her brandy and ale. But though afterwards the grater looked " as if it had been burnt in the fire, by reason of the corrosive mercury," the patient still survived, and physical force had finally to be employed to terminate her miserable existence. Muschet was sentenced to be hanged and his body hung in chains to the terror and example of others, a penalty reserved for crimes of singular wickedness. In the case of Nicolas Cockburn in August 17 54, (a) a wife was chargred with the murder of her husband and stepmother by putting arsenic respectively into their kail (broth) and porridge, to disappoint a beneficial settlement in favour of the mother as a widow. In the husband's case there was no sufficient proof; but on a post-mortem examination of the mother, the surgeons detected in the stomach " a whitish powder resembling arsenic," some of which was also discovered in the bottom of a vessel used by the deceased for food. A paper containing a similar powder, ascertained on analysis to be arsenic, was found in the prisoner's chest. Dundas of Arniston, the future Lord President, who as Justice of the Peace had taken the woman's dying declaration, deponed to her grounds of belief that her stepdaughter had poisoned her. The verdict was Guilty. In Andrew Wilson's case in August 1755 a man bought arsenic " for rats."(6) He was seen to put something from a paper into a mug of ale, out of which his wife drank and shortly thereafter died with the usual symptoms of poisoning. She expressed strong suspicion against her husband. A white powder, which was neither analysed nor preserved, was noticed in the mug and tasted by a witness, who presently suffered from vomiting, etc. (a) Burnett, pp. 9, 544 ; Hume, ii. 392. (b) Burnett, pp. 9, 545. 5 66 LOCUSTA IN SCOTLAND No medical man attended the deceased, nor was the body opened, and no arsenic was found in possession of the prisoner, who absconded. He was brought back, and convicted on trial. The motive alleged for the crime was the marrying of a younger woman. Like Muschet, Wilson was condemned to be hung in chains. In two Inverness cases, M'Coiler in September 1757, (a) and M'Kenzie in 1760,(6) where the poisons employed were respectively laudanum and arsenic, the accused were acquitted. The curious laxity which then obtained in regard to medical evidence as to the cause of death, and the exist- ence of any poison in the body of the deceased, is nowhere perhaps more strikingly apparent than in the remarkable case of Katharine Nairn in August 1765.{c). I have often wondered why no enterprising novelist has laid hands upon her story, such is the effective quality of the facts, so nice the question of a just apportionment of the relative guilt and innocence. " Readers of Mr. J. A. Symond's book on the Eenaissance," wrote Andrew Lang once, " hold up obtesting hands at the rich and varied iniquities of the Courts of mediaeval Italy. But for complex and variegated depravity the family of Mr. Ogilvy of Eastmiln could give the Baglioni and other Italian miscreants a stroke a hole — whatever view you take of the case." Katharine, daughter of Sir Thomas Nairn of Dunsinnan, married at nineteen, on 30th January 1765, Thomas Ogilvy, laird of Eastmiln of Glenisla, in Angus, a gentleman in failing health and more than double her age. There lived with them his venerable mother and younger brother, Patrick, a lieutenant invalided home from the East Indies. Alexander, the youngest of the three brothers, was a dissipated surgeon in Edinburgh, on bad terms with his family. A month after the wedding there arrived from that city Miss Anne Clark, a cousin of the Ogilvys, who was, though unknown (a) Burnett, p. 10. (h) Ibid. (c) Trial of Katharine Nairn and Patrick Ogilvie for the Crimes of Incest and Murder, Edinburgh, 1765 ; Twelve Scots Trials, 1913, pp. 106-135. LOCUSTA IN SCOTLAND 67 to her relatives at Eastmiln, a woman of flagitious life, of evil disposition, and Alexander's mistress. He sent her ostensibly to make his peace, but really to work what mischief she could; failing his delicate brethren he was next heir to the property. The first-fruits of her mission were divers rumours regarding the relations of the bride with the young lieutenant, but neither the husband nor the mother paid much heed to their guest's scandalous whispers. The two brothers, however, quarrelled over money matters; the laird referred to Anne's reports, and Patrick, indignantly denying their truth, left the house, refusing to return though pressed by Thomas to do so. Katharine, whose health was then indifl'erent — she was in prospect of becoming a mother — asked Patrick to send her some salts and laudanum which he had in his sea-chest at Alyth ; and having got the drugs he sent them to Eastmiln by Andrew Stewart, his sister's husband, who delivered them to Katharine. Anne then informed the other members of the family that Katharine had told her she meant to poison her husband, and she (Anne), to put her oft^, had herself promised to procure poison from Edinburgh, but that Patrick had now supplied it. None of them believed her " horrible tale," and no action was taken. Next day, 6th June, the laird, whose ailments had been increasing, became seriously ill, with symptoms of acute gastric in- flammation, and a doctor was summoned but arrived too late ; Thomas Ogilvy was dead. Five days later, on that fixed for the funeral, Alexander came post from Edinburgh, sensationally stopped the burial on the ground that his brother had been poisoned, lodged with the authorities an information upon which Katharine and Patrick were apprehended, and assisted by Miss Clark — who after the death had been dismissed by Katharine — entered into pos- session of the estate. On their trial at Edinburgh on 5th Auojust for the crimes of incest and murder, the evidence relating to. the two charges was, wilfully or not, confused: the intrigue, as appears, being inferred from the poisoning. 68 LOCUSTA IN SCOTLAND and the poisoning assumed from the intrigue. The proof occupied forty-three consecutive hours, but of upwards of a hundred witnesses for the defence only ten were examined, owino- to the undisguised impatience of the jury. To establish the first charge, the prosecutor relied mainly on the infragrant testimony of Miss Clark — than whom in such a connection no witness could have been more com- petent — and on that of a servant girl who had been dis- missed by Katharine for theft and had sworn revenge. As ref^ards the second charge, strangely enough, it was neither proved that the deceased died of poison, nor that his wife had the means of poisoning him were she " so dispoged." The medical evidence as to the cause of death was quite inconclusive — though three surgeons inspected the body, a post-mortem had been prevented by Alexander — but the awkward fact that Patrick, shortly before the death, did buy half an ounce of arsenic, " in order to destroy some dogs that spoiled the game," was clearly proved. The prisoners havino- been found guilty on both counts, Katharine, in the picturesque language of the time, " pled her belly " in arrest of judgment, and sentence was in her case delayed. The conduct and result of the trial was widely and adversely criticised, and efforts were made to have the verdict reviewed by the House of Lords, but this was found to be incom- petent. After four several respites Patrick, protesting his innocence, was hanged in the Grassmarket. Meanwhile Katharine in the Tolbooth had given birth to a daughter, who did not long survive. The night before she was to appear for judgment, having changed clothes with the midwife, she escaped from the prison. Her uncle, William Nairn, an Edinburgh advocate, later raised to the Bench as Lord Dunsinnan, doubtless knew something of his niece's fiio-ht from justice, for his clerk accompanied her in a post- chaise to England, whence she safely reached the Continent. She is said to have entered a French convent, dying in the end full of years and grace. Alexander did not long enjoy his t^ood fortune ; presently he was banished for bigamy, LOCUSTA IN SCOTLAND 69 but being allowed some time to settle his affairs, met a violent death by a fall from a window. Anne Clark, how- ever, survived, retaining in her experienced bosom the secrets of the house of Eastmiln. Not every jury was so eager to convict as that which sent Patrick Ogilvy to the gallows. On the trial at Glasgow of Jean Semple in May 1773 for poisoning her husband with arsenic, no less than fifteen grains of that substance were found in the deceased's stomach.(«) "The usual experiments," we read, " were made on it by hot iron, and part of it was given to a chicken, which died soon after." But this failed to convince the jury, who returned a verdict of Not Proven. Even more curious was the scepticism shown by an Aberdeen jury on the trial of Ann Inglis in 1795.(6) In the homely household of a young farmer, named Patrick Pirie, this woman combined the offices of cook and concubine, but her master, desirous of ranging himself, announced his intention to marry another. This was deeply resented by his lady -help, who was heard to make the ominous remark that " there would be a burial before a bridal." Shortly before the wedding, Pirie, a hale man of thirty-two, who had never had a day's illness, after taking a draught of ale from the hands of Ann, was seized with violent vomiting and internal pain ; he was attended by a doctor, but died in nine days, declaring his belief that his servant-mistress had poisoned him. A post-mortem disclosed " much inflammation in the stomach, the inner coat of which was corroded and separated from the adjoin- ing one." No poison was detected in the body, but the surgeons deponed that the appearances were such as might have been produced by sulphate of copper or blue vitriol. A search of Ann's chest brought to light a parcel of that poison, which she said she had bought as a cure for tooth- ache, though she was never known to suffer from that ailment. The verdict of Not Guilty must have surprised (a) Bunieit, p. 584. {b) Ibid., pp. 9, 393, 547 ; Black Kalendar of Aberdeen, 1854, pp. 139, 140. 70 LOCUSTA IN SCOTLAND hor as much as it did the prosecutor. Strangely enough, another instance of the use of similar means occurred at Aberdeen in 1830, (a) jealousy being also the motive of the crime, where Catherine Humphrey, having quarrelled with her husband about another woman, poured oil of vitriol into his open mouth as he lay asleep. She was convicted and hanged. This, too, was the poison employed by Barbara Malcolm to destroy her own child, for which she was condemned in January 1808.(6) Such toxicological vagaries are rare ; arsenic resumes its rightful place in the case of Matthew Hay, convicted at Ayr in September 1780(c) of poisoning and attempting to poison a whole family. Hay had seduced one of the daughters, and to prevent discovery he did not hesitate to sacrifice, not only the girl herself, but her father, mother and sisters — five lives in all. The parents, however, alone succumbed ; the others, after severe sufferings, recovered. Hay, having bought arsenic " for killing rats," called one day on his victim and found her boiling sowens for the domestic meal. He sent her out to get him a drink, and during her absence threw some of the arsenic into the pot and the rest into the seed barrel. All who ate of the food were seized with the usual symptoms of arsenical poisoning, and the father and mother died that night. On a post- mortem examination of the bodies no arsenic was found, but Dr. Black, the eminent chemist, discovered that sub- stance mixed with the sowens and seed ; so Hay was, happily, hanged. It is interesting to note that it was upon this trial that Lord Katnes made from the bench the judicial joke about "'check-mate," which Lockhart in his Life of Scott fathered upon Lord Braxfield ; also that the counsel for the defence, not the prisoner himself, was his lordship's old opponent at chess. (cZ) (a) Black KaUndar of Aberdeen, pp. 207-209 ; Edinburgh Medical Journal, XXXV. 298-316. (b) Burnett, pp. 9, 549. (c) Ibid., pp. 9, 11, 546 ; Hume, i. 284 ; ii. 69. (d) Hill Burton's Narratives from Criminal Trials in Scotland, ii. 64, 65, n. LOCUSTA IN SCOTLAND 71 In the case of Marshall, on the Autumn Circuit at Perth in 1796, the accused's wife died without suspicion of foul play, which did not arise until two months thereafter, when the body was exhumed and three grains of arsenic were found in the stomach. The prisoner was convicted. (a) iV.t Aberdeen, in 1797, a man named Stewart was found guilty of an attempt to poison by administering arsenic in a ball of oatmeal. (6) In 1800, at Glasgow, one Lockhart and his servant-maid were charged with the murder of Lockhart's wife.(c) No medical man attended the deceased and there was no evidence of the cause of death. It was proved that the husband had bought upon false pretences a large quantity of laudanum, but the body was not opened until a fortnight after death, when the physicians were of opinion that even had laudanum been administered, it could not have been discovered. The accused were acquitted. At Ayr, in April 1810, John M'Millan, from Wigtownshire, was convicted of poisoning with corrosive sublimate Barbara M'Kinnel, a girl who was with child to him.(d) As we advance into the nineteenth century the field of our investigation, whether by the greater prevalence of poisoning or by the improved methods available for its detection, so largely widens that in the space at my disposal I am able to deal only with the more interesting examples. The crime for which, at Aberdeen, in October 1821, George Thom was brought to book, presents, both as regards manner of perpetration and comprehensiveness of scope, points of resemblance to that of Matthew Hay previously cited. (e) A well-to-do-farmer, who for sixty-one years had enjoyed a high reputation for piety and worth, Thom married his second wife Jean Mitchell, whose brothers and sisters lived at Burnside, a farm in the parish of Keig. By the death of a relation the Mitchells succeeded to a considerable fortune, but the fifth share falling to Mrs. Thom seemed to (a) Burnett, pp. 9, 548. (6) Ibid., pp. 9, 11, 584. (c) Ibid., pp. y, 549. ((/) Ibid., p. 10. (e) Black Kalendar of Aberdeen, pp. 173-180 ; Edinburgh Medical Journal, xviii. 167. 72 LOCUSTA IN SCOTLAND her spouse a very inadequate provision, and it was obvious that the death of the other legatees would substantially increase their sister's portion. With a view, therefore, to accelerate her succession he called at Burnside on the eve of the local " Sacramental Sunday," and announced his inten- tion to stay the night. After a friendly supper the visitor asked leave to sleep in the kitchen, but this his host would not permit, and he was installed in the best bedroom. In the small hours of the Sunday morning one of the brothers, from his box-bed in the kitchen, heard somebody moving about the cupboard, but did not trouble to open the shutter of his insalutary cubicle to see who was astir so early. When the family met for breakfast, Thom, hospitably pressed to share the meal, declined on the plea that he must be oif before folks were going to the kirk : it would never do for one of his godly walk and conversation to be seen abroad upon the Sabbath day. So, wishing his relatives a kind fare- well, the worthy man set forth. On his way home he ate at Mains of Cluny a hearty breakfast, though he said he had been very bad at Burnside after something he had eaten there, and that but for his promptitude in inducing sickness with a crow's feather, he would not have lived to tell the tale. Breakfast at Burnside was a simple meal, consisting of porridge, eaten, in the good Scots fashion, with salt instead of sugar. That morning one of the brothers thought it had "sweet, sickening taste," the others noticed nothing amiss. Presently all of them became unwell ; the sisters stayed at home, but the brothers struggled to church. James had to go out during the service, as he " felt himself turning blind " ; he found William in the kirkyard, very sick. All four were for some time seriously ill but three recovered, William alone dying within the week. They were attended by a doctor, who seems at first to have had no suspicions. It appears that from a queer sort of family pride the survivors wished to hush up the incident ; a post- mortem examination, however, was made, and three surgeons " concurred in opinion that the deceased had died by means LOCUSTA IN SCOTLAND " 73 of some deleterious substance taken into the stomach." From the beginning the Mitchells had suspected their brother-in-law, and when Thorn, uninvited, came with cynical audacity to the funeral, his presence was forbidden — he "had done ill enough there already." Told that William had been poisoned, he made the rather inept suggestion that " poison might have been got in the burn from puddocks," to which Helen Mitchell dryly replied that there were no puddocks in the porridge, whereupon Thom took his departure. He was later arrested, tried for murder, found guilty, and sentenced to death. No arsenic was traced to his possession, but an attempt to buy it "to poison rats" was proved by an Aberdeen apothecary. After conviction, Thom earnestly maintained his innocence, but despite edifying behaviour in prison he attempted to get his son to supply him with poison. Finally, the game being up, he confessed that he had mixed arsenic with the salt, not with the meal as had been assumed at the trial, (a) When the execution was over, " the body was subjected to a series of galvanic experiments of which a particular account was afterwards published " — a shocking business in more senses than one. At Glasgow, in April 1822, Helen Rennie, a domestic servant, was charged with the murder of her illegitimate child.(6) The mother being in service, the little boy was boarded with another woman. One day Rennie called for him and took him away for some hours ; he was then in perfect health, but when brought back seemed very ill. She explained that she had given him " some brimstone for the hives." The foster-mother sent for a doctor, who found the child dying. A post-mortem was held, when "two teaspoonfulls " of king's yellow (sulphuret of arsenic) were discovered in the stomach. There w^as no indication that the child had suffered from hives. Rennie declared (a) Such also was the device of the gatekeeper Mi^arrl, in F.n Bete Humaine )f Zola. (6) Edinburgh Evening I'ouranf, 25th April 1822. 74 LOCUSTA TN SCOTLAND that she had bought a half-pennyworth of sulphur, and at her trial a druggist's apprentice (who recalls the assistant of the chemist juryman in Bardell v. Pickwick) deponed that the sulphur and king's yellow were kept respectively in a drawer and in a bottle ; he did not recollect having served the prisoner, but was sure he never sold to anyone a half-pennyworth of king's yellow. For the defence, two doctors stated that by an unskilled eye king's yellow might be mistaken for sulphur. The verdict was, by a majority, Not Guilty, the judge, in discharging the prisoner, remarking that he would have voted with the minority. The criminal records of 1827 are notable for the occur- rence of several important poisoning cases, of which the first is that of Mary Elder or Smith in February of that year, (a) She was the wife of a respectable farmer at West Denside, near Dundee. Among the women employed at the farm was a girl named Margaret Warden, who had engaged the affections of Mrs. Smith's youngest son, a fact which, when discovered by the mother, in view of a previous lapse on the girl's part, that lady bitterly resented. She dismissed Margaret with ignominy ; but fearing she was enceinte, afterwards induced her to return for the avowed purpose of attempting by illegal means to avert the threatened scandal. Accordingly, with the girl's con- sent, Mrs. Smith gave her sundry doses, particularly, in presence of Jean Norrie, a fellow-servant, " something in a dram glass" that looked like cream of tartar, with the result that Margaret grew gravely ill, her symptoms being those of arsenical poisoning. A doctor, brought by the girl's mother who had learned of her state, thought she was dying of cholera, which was then rife in the district. Margaret, however, expressed both to her mother and to Norrie suspicion of foul play on the part of her mistress. " Ye ken wha is the occasion o' me lyin' here ? " were her (a) Sytne's Justiciary Reports, p. 71 ; Account of the Medical Evidence in the Case of Mrs. Smith. By R. Christison, M.D., Edinburgh Medical Journal, xxvii. 141 ; xxviii. 84, 94 ; Twelve Scots Trials, pp. 160-190. LOCUSTA IN SCOTLAND 75 last words; "but they'll get their reward. My mistress oave me . . . " but death cut short the sentence. So far as human retribution was concerned Margaret, as we shall see, was not inspired. The girl died and was buried ; but somebody talked, so the body was exhumed and examined by three surgeons ; on a subsequent analysis the presence of oxide of arsenic was unequivocally detected, and Mrs. Smith was apprehended on the charge of murder. In her declaration before the Sheriff she denied having known of the dead girl's condition, and said she had given her nothing except a dose of castor-oil, and that she (declarant) got no drugs from any person on the Friday preceding the death. All these statements were at the trial proved to be false. In particular. Dr. Dick of Dundee stated that the prisoner, whom he had known for many years, did on the day in question apply to him for " poison for rats" ; he gave her an ounce and a half of arsenic in a packet marked "Arsenic — Poison," warning her at the same time to be very careful how she used it. Jeffrey and Cockburn conducted the defence, which rested on two disparate bases — cholera and suicide. The opinion of the Crown experts, including that of Dr. Christison who had made an independent analysis, that the death was due to arsenic, remained unshaken ; and Dr. Mackintosh, physician in Edinburgh, called to maintain the theory of death from natural causes, was utterly routed by the Lord Advocate on cross-examination. It would seem that to the evidence of this skilled witness the following amusing extract from Dr. Ohristison's autobiography refers : In a trial for poisoning with arsenic— the last occasion on which an attempt was made to dispute the validity of the cheraical evidence in arsenical poisoning— Dr. . . . was employed to make a muddle of the professional testimony ; and this was how he set about it. The proof, from symptoms during life and morbid appearances after death — apart from irrefragable chemical proof of the presence of arsenic in the stomach —was unusually strong, perhaps singly conclusive. But Dr. . . . had no difficulties. "He had great experience of disease. Vast experience in pathological dissections. There was nothing in the symptoms of the 76 LOCUSTA IN SCOTLAND deceased during her life which he had not seen again and again arising from natural disease : nothing in the appearances in the dead body which he had not seen twenty times as arising from natural causes." "But, Dr. . . . ," said the Lord Advocate, "the symptoms you have heard detailed, and which you say may have arisen from natural disease, are also such as arsenic may produce, are they not?" "They may be all produced by natural disease." "So you have already told us. But may they not also be produced by arsenic?" "They may; but natural disease may equally cause them." "You need not repeat that informa- tion. Doctor. Give me a simple answer to my simple question : May these symptoms be produced by arsenic"? Yea or Nay?" "Yes." " Now, Dr. . . . , you have also told us that the appearances found after death were such as natural disease may produce. Are they not also such as may be produced by arsenic?" "Natural causes may account for them all," etc. etc., through the same round of fencing, until he was compelled to admit that arsenic might produce them. " Now, Doctor," continued the Lord Advocate, "you have heard the evidence of arsenic having been found in the stomach of the woman. Are you satisfied that arsenic was discovered there?" " My Lord, I am no judge of chemical evidence." " Then, Dr. . . . , in that case I must tell you that it will be my duty to represent to the jury and judges that arsenic was unequivocally detected ; and I ask you this— Suppose arsenic was detected, what in that case do you think was the cause of these symptoms, and of these signs in the dead body ? " " Natural disease might cause them all." " Yes ! Yes ! we all know that. But suppose that arsenic was found in the stomach, what then would be your opinion as to their cause?" A pause on the part of the Doctor, now run to earth. "Do you not think, sir, that in that case arsenic was the cause?" Softly and reluctantly came the inevitable answer, "Yes." "One more question, then, and I have done : In your opinion, did this person die of poisoning with arsenic ? " " Yes." " Have you any doubt of it ? " " No." " Then " {sotto voce, yet audibly enough), "what the devil brought you here? "(a) This instructive passage is in the official report reduced to a couple of lines. There was thus no contesting the fact that the girl died of arsenic, and an attempt to show that she had committed suicide broke down ; nor was Jeffrey more successful in seeking to have the prisoner's declaration set aside on the ground that at the time of making it she was unfit to be examined. Yet, after a trial lasting twenty-two hours, (a) Life of Sir Robert Christison, i. 286-288. LOCUSTA IN SCOTLAND 77 the iury returned a unanimous verdict of Not Proven, and the prisoner was discharged. Cockburn admits his client's guilt. (a) It seems that she had at first meant only to procure abortion, but — -facilis descensus — was led on to employ the more radical remedy of murder. Sir Walter Scott has recorded his impressions of the trial, which he attended. (6) A case of peculiar atrocity, exceeding in cold-blooded wickedness even that which we have just considered, was tried at Perth in April of the same year.(c) Two sisters, Margaret and Jean Wishart, kept house together in the High Street of Arbroath, supporting themselves by taking boarders. The younger, Jean, was totally blind and quite dependent on her sister. A young man named Andrew Roy, a Wright or carpenter, had lodged with them for five years. He was, as appears, originally the blind girl's lover, and she had borne him a child, which died ; afterwards Margaret secured his aff"ections, but later he returned to his first love — which indicates in the words of the Lord Justice-Clerk at the trial, " the most abominable footing on which they were." The discovery by Margaret that Jean was about to become again a mother aroused in her, to quote the same authority, a " fiend-like jealousy," and she determined at all costs to remove her rival. On Tuesday, 3rd October 1826, Margaret gave Jean, who was then in bed expecting shortly to be confined, her supper of porridge, in presence of a neighbour and one of the boarders. No one but Jean ate of it. Twenty minutes after taking it she was seized with sickness and other painful symptoms. Next day she continued very ill, and on Friday gave birth to a child, when Margaret was reluctantly forced to summon a midwife. Jean begged her sister to send for a doctor, a course also repeatedly urged upon her by divers sympathetic matrons, but Margaret replied "that everything had been (o) Circuit Journeys, p. 12. (6) Journal, i. 356, 361. (c) Synie's Justiciary Reports, Appendix No. I. ; Edinburgh Medical Journal, xxix. 18. 78 LOCUSTA IN SCOTLAND done that could be done ; that a doctor would do no good, and that she was not able to pay one." The gruel which, durino- the illness, was given both to mother and child, was prepared by her alone, and she showed throughout complete apathy and indifference as to their sufferings. Jean died on Sunday morning, and as it was obvious that the child too was dying, with similar symptoms, one of the neighbours '• brought in a doctor from the street." He said he could do nothing, and being asked by Margaret — an excellent ruse — to look at the dead body of her sister, refused, " as it could do no good." He seems to have had no more con- fidence in his profession than had the lady of the house. The child died on the following day, and was buried with its ill-fated mother. The authorities, apprised of these doings, ordered an exhumation, and owing to the appear- ances presented, certain organs were removed for chemical analysis. These were divided into two parts, one being tested by the local doctors and the other sent to Professor Christison for separate examination. Meanwhile Margaret was arrested, and emitted a declaration which the judge afterwards described as "replete with misrepresentation, falsehoods, equivocations and contradictions." On her trial the local doctors stated that arsenic was present in the deceased Jean Wishart's stomach and that her death had been occasioned by that poison. As regards the child, no arsenic was recovered. The tests applied by Dr. Christison in the mother's case yielded incontestable evidence of arsenic, though the quantity procured did not exceed the fortieth part of a grain. The defence relied mainly on the prosecutor's failure to trace to the prisoner the purchase or possession of arsenic, and also upon a peculiar incident connected with one of the Crown witnesses. This woman, Mary Greig, an intimate friend of the Wisharts, had been three times sent for to the prison by Margaret, who finally prevailed upon her to say, in presence of the jailer and two fellow-prisoners, that she (Greig) had gone with the blind woman to three several doctors in the town to buy poison, LOCUSTA IN SCOTLAND 79 but without success, and that they had in the end obtained some from a chemist. The truth of this sinojular statement the witness on oath solemnly denied, explaining that she had been induced to make it solely out of pity for the prisoner, who " grat and urged sore upon her to say these words." The jailer and the other felons were the chief witnesses for the defence, and the judge, in charging the jury, observed that he " had no hesitation in saying he believed Mary Greig in opposition to him and his associates." Andrew Roy had discreetly vanished ; but David Edward, another boarder, who bore flagrantly false witness in Margaret's behalf, was committed for perjury. The jury found the pannel guilty of poisoning her sister, but found the poisoning of the child not proven ; she was sentenced to death, and was executed at Forfar. In view of the part played by the prisoners' declarations in the two cases last cited, it may be remarked that although the ostensible object of a judicial declaration is to enable an accused person voluntarily to explain such circumstances as appear to tell against him, in practice it is apt to prove merely a net to entrap him. The uneducated criminal invariably gives himself away, and even intellectual malefactors, however adroit and wary, often are tripped up by its invidious meshes. The wise say nothing, or are content simply to deny the charge ; but there is in human nature a curious itch of self-justification which few so situated, be they innocent or guilty, seem able to resist, and to this amiable weakness the judicial declaration in- geniously appeals. The third poisoning case by which the year 1827 is distinguished is that of Mary Ann Alcorn, a domestic servant, tried in June for administering to her master and mistress, Mr. and Mrs. Roach of Bath Street, Portobello, with intent to murder them, tartar emetic or powder of antimony.(a) Mrs. Roach had told the girl to make a (a) Syme's Justiciary Reports, p. 221. 80 LOCUSTA IN SCOTLAND beefsteak pie and to take it to the baker's to be "fired." She did so, and in due course served the pie at table, when it was noticed that the gravy looked white. Mr, Roach ate heartily, his wife but sparingly ; after dinner both were taken ill with similar symptoms — sickness, internal pain, swelling, feet and hands cold, perspiration — the husband's being much more violent than those of the wife. In the course of the attack Mr. Roach successively took some strong whisky toddy, two cups of coffee, a glass of brandy, and also " Anderson's Pills," the menstruum being more toddy ; but despite the drastic character of this treatment, or perhaps because of it, he "suffered severely afterwards," and for some days his life was in danger. Mary Ann, being apprehended, at first denied, but later admitted having put a powder, which she got from a neighbour's servant, into the pie, " merely for a bit of fun." But for the recovery of the subjects the joke would probably have been her last. It appeared that she had been incited to the act by a discharged servant, with a grudge against the Roaches. The doctor who attended the patients held that some pre- paration of lead, not antimony or tartar emetic, had been employed ; and Dr. Christison, while unable to detect any in the remains of the pie, had no doubt whatever that poison of some sort had been swallowed. The prosecutor withdrew the charge of attempt to murder, and upon that of intent to do grievous bodily harm the jury found a verdict of guilty. A sentence of twelve months with hard labour must have gone some way to correct Mary Ann's defective sense of humour, and was certainly, in the circum- stances, lenient. The contemporary report describes her as " surprised," but whether agreeably or otherwise does not appear. We have seen in the case of Mrs. Smith how a timid or stupid jury may, by adopting the Scots form. Not Proven, frustrate the ends of justice. An instance equally scandalous is afforded by the case of John Lovie, tried at Aberdeen in September of the same year for the murder of a servant- LOCIJSTA IN SCOTLAND 81 girl, (a) This scoundrel, a farmer near Fraserburgh, had seduced one of his maids named Margaret McKessar, who believed and expected that he would marry her. At the date in question she was some five months with child, and their relations were well known to the other inmates of the farm. One of these, Alexander Rannie, a ploughman of seventeen, was asked by his master how much jalap would constitute a fatal dose, and also as to the relative merits of laudanum and arsenic. The lad referred him for informa- tion upon these points to one Suttie, " a kind of prophesier in the country," but Lovie does not seem to have consulted that expert. Pursuing his scientific enquiries, Lovie in the beginning of August called at a chemist's shop in Fraser- burgh. " Would an ounce of jalap be a good dose — not for a beast but for a body ? " he asked ; being told that it would kill any person, he bought an ounce and said he would divide it. He then asked what was the best poison for rats, and having learned that arsenic was deemed the most efficacious, departed with his purchase. Next day, after dinner, both the ploughman and the girl suifered from a severe attack of dysentery, from which, however, they recovered ; so Lovie paid another visit to the chemist, and said he would now take the poison — " they were much infested with rats." He was supplied, according to the guileless fashion of the time, with an ounce of arsenic. On Tuesday, 14th August, Margaret McKessar rose in her usual health, and after breakfast was seized with violent pain and sickness, which continued throughout the morning, till in the afternoon her sufferings were terminated by death. To the master who was " working at his neeps," Rannie the ploughman brought word of her sudden illness, but Lovie continued his labours, merely remarking that if she were so bad as that, "she would not be long to the fore." The girl's mother was at work near him in the same field, but not only did he fail to acquaint her with her daughter's con- {(() Syme'ti .Tusticiary Reports, Appendix No. II. ; Black Kalendar of Abtrdeen, pp. 199, 202 ; Edinburgh Medical Journal, xxi.x. 415. 6 82 LOCUSTA IN SCOTLAND dition, but expressly ordered Rannie not to tell her. When they returned to the farm for dinner the girl was dead. Meanwhile a doctor had been sent for by Lovie's mother ; he was from home, but his apprentice came and saw the body ; he " tried her mouth with a candle, and said there was no breath there." Margaret was buried on Thursday ; there had been some talk of having the body opened, but to this Lovie strenuously objected, craftily representing to the girl's relatives the scandal that would ensue should it be found she was " with bairn." The authorities, however, were less susceptible, and on Saturday the body was exhumed in presence of two surgeons from Fraserburgh, who removed certain organs for chemical analysis, parts of which were sent for separate examination to Dr. Blaikie, Aberdeen, and to Dr. Christison, Edinburgh. These gentlemen duly reported that they found in the stomach and its contents oxide of arsenic, which in their decided opinion was the cause of death. When Lovie heard that the body was to be " lifted" he asked a significant question : " Would it swell if she got poison ? " ; and later, being advised by a friend inconfident of his innocence " to take the south road," i.e. to fly the country, he denied his guilt, adding that he had never bought, used or seen any poison in his life. As the result of the investigation Lovie was arrested. In his declaration the prisoner took the customary liberties with truth : he never had intimate relations with the girl, and had no suspicion that she was with child ; he told the chemist that he wanted stuff "to kill vermin upon black cattle," and was unaware that the substance supplied to him was poison ; he used some of it to rub the backs of his cows and laid the remainder in the barn for rats ; he knew nothinoj of the orirl's illness until he went home to dinner, and he denied holding with Rannie and others any conversation regarding poison. All these statements were at the trial proved false, the testimony of the Crown witnesses was unscathed by cross-examination, and the defence called no evidence. Cockburn, who was Lovie's LOCUSTA IN SCOTLAND 83 counsel, addressed the jury in his behalf, but no report of the speech survives. Mr. Hill Burton, who notices the case, observes : " Mr. Cockburn made at that trial one of his greatest efforts of persuasive oratory, and delivered an oration which, in seductiveness to such a tribunal as he addressed, has probably never been excelled."(a) The effect of this eloquence — a unanimous verdict of Not Proven — was doubtless for Cockburn no less a personal triumph than had been for Jeffrey the acquittal of Mrs. Smith ; in the interests of justice it can only be regarded as equally deplorable. Cockburn makes no mention of the case in his Journal; one would like to have had his private opinion. In the minds of most of us the Clyde passenger steamer is associated with summer memories of days passed upon the waters of that noble estuary, and the idea of wrong- doing in such a connection is limited to the occasional excesses of some too-festive voyager. The curious in these matters, however, may recall that in the Ivcmhoe Lawrie sailed to Arran with his victim Rose, whose body he was to leave hidden amid the lonely corries of Goatfell ; and that by one or other of the steamers on the " Royal Route " Monson passed to and from Ardlamont upon Cecil Hambrough's affairs, and the mysterious Scott made his exit from the scene of the tragedy. These relations are something of the remotest ; yet unlikely as it seems, murder and robbery were once actually done upon a Clyde passenger steamer, for which crimes two persons suffered the last penalty of the law.(/v) The Toward Castle (like Sir Walter, I love to be particular) was built by William Denny, father of the great shipbuilding firm, at Dumbarton in 1822, ten years after the pioneer Comet first threshed with her paddle- wheels the waters of the Firth, and was engined by M' Arthur of Glasgow. A wooden ship of some 79 tons and (a) Narratives from Criminal Trials, ii. 61. (6) Trial of John Stuart and Catherine Wright or Stuart. Edinburgh, 1829. 84 LOCUSTA IN SCOTLAND 45 horse-power, she plied between Glasgow and Loch Fyne, upon the route so long followed by her famous sister, the Cohimba. On 15th December 1828, there embarked at Tarbert upon the Toivard Caatle, then on her return run to Glasgow, a blacksmith and his wife, John and Catherine Stuart, and a mother and daughter named M'Phail. The parties had foregathered at the inn, where Mrs. M'Phail's luggage was lightened by a ganger of two gallons of whisky which she proposed to smuggle. The Stuarts sympathised with her loss, and as the morning was cold upon the water, they suggested a dram in the cabin. There, as she could not read, Mrs. M'Phail consulted them as to the denomina- tion of certain guinea notes. Her hospitable fellow-travellers then pressed her to sample the ship's beer. " It was very bitter," she afterwards told the jury, " I never tasted such infernal strong beer in my life, and T spat out every drop, and wiped my mouth with my apron." As the old woman could by no means be induced to partake further of their bounty, the pair turned their attention to another passenger, a stout merchant from Ulva, Robert Lamont by name, on whose broad bosom the outline of a bulky pocket-book was plainly visible. He was travelling with a cousin, who preferred to remain on deck. Lamont made no difficulty of accepting gratuitous refreshment, but declined to pay for drinks, deeming the price prohibitive — '' it cost 9d. a bottle " ; and so generously did his hosts stand treat that, as appears from the evidence of the steward, they drank the ship dry — "three gills, three bottles of porter, and a dozen of ale; there was no more on board." One tumbler only was in use, and it was noticed that before Lamont drank, Mrs. Stuart "put the tumbler in below her mantle," and once, as her husband was about to drink, she " pulled it from his mouth and spilt it over his breast, and he damned her for it." When the steamer reached Renfrew Ferry, John Lamont went below to look after his relative, whom he found alone in the dark cabin, insensible, with his empty pocket-book lying on the Hoor at his feet. John at once LOCUSTA IN SCOTLAND 85 informed the captain that his cousin had. been robbed, where- upon the Stuarts were " laid hold off" and searched, £19, 7s. in notes and silver, and a black purse, all afterwards proved to have been Lamont's property, being found upon them. When at 6 p.m. the Toivard Castle reached the Broomielaw, Stuart and his wife were taken into custody, and two bottles containing laudanum were discovered in their possession. A doctor, summoned to attend Lamont, applied the stomach- pump, but the patient never regained consciousness, and died that nio;ht aboard the boat. On the trial of the Stuarts at Edinburgh in July 1829, the facts already stated were clearly established. Two surgeons, who conducted the post-mortem, deponed that they saw no sign of natural disease ; Drs. Ure and Corkindale, who made the chemical analysis, reported that laudanum was present in the con- tents of the stomach and probably caused the death. No witnesses were called for the defence ; the jury found both prisoners guilty, and sentence of death was pronounced accordingly. To their own counsel before the trial the couple fully acknowledged their guilt, and it further appears that they had adopted "doping" as a means of livelihood. The practice seems to have been prevalent at the time and other cases are upon record. The case of Elizabeth Jeffray, tried at Glasgow in April 1838, is noteworthy not only as one of double murder, but from the fact that there was, in the ordinary sense of the term, no motive for the first crime, it being purely experi- mental and, as it were, a rehearsal of the second, (a) This woman, whose " well-moulded form and beautiful counten- ance " favourably impressed her biographer, was in her youth seduced by a " titled villain." After divers less distinguished experiences, she became the wife of a militia- man named Jeffray, and settled at Carluke, where, being unscrupulous and of a passionate temper, she was more (u) Swiutoii's Justiciary Reports, ii. 113; A Sketch of the Life and Trial of Mrs. Jeffray. Glasgow, 1838. 86 LOCUSTA IN SCOTLAND feared than beloved by her neighbours. There lodged with her an infirm old pauper, called Mrs. Carl, and a young miner from Skye, named Munro, who had intrusted his savings — some £10 — to his landlady's keeping, and as he was about to leave Carluke, he naturally required restitu- tion. This on various pretexts she delayed to make ; there was the expense of her daughter's forthcoming marriage, and it was inconvenient for her then to find the money. Munro continuing to press his claim, early in October Mrs. Jeffray sent to a local druggist by a neighbour's child " a line for 3d. worth of arsenic to poison rats," and obtained half an ounce of that specific. On the night of Wednesday, the 4th, old Mrs. Carl being confined to bed, attended only by a boy, her nephew, Mrs. Jeff"ray visited the invalid with a drink of warm whisky, meal and cream of tartar, which she said would do her good. The old woman demurred, but Mrs. Jeffray gave a taste to the boy, who, inferring the wholesomeness of the remedy from its repellent flavour, advised his aunt to take it, which she did. Soon after she became violently ill, and the boy, who was himself sick during the night, roused the landlady to tell her that his aunt was dying ; but Mrs. Jefi'ray refused to rise, as it might waken the lodgers. Next morning Mrs. Carl was dead ; she was buried and, as Lord Braxfield might have said, " nae mair aboot it." A fortnight later Mrs. Jefi'ray called upon the druggist and bought another threepennyworth of arsenic, remarking that " she had killed one rat ivith the first quantity, and she ivanted to try it again." On Saturday, the 28th, Munro left work early in good health and spirits, and ready for his dinner — porridge — which his landlady had prepared. After eating it he was seized with acute pain, vomiting, etc., and went to bed, from which he never rose. Terrible thirst was throughout a marked symptom, and from the first, as is expressively recorded, he " took a fear at the porridge." Despite her lodger's sufi'erings, Mrs. Jefi'ray would not send for a doctor, alleging to several persons who urged her to do so, that Highland folk were " narrow- LOCUSTA IN SCOTLAND 87 minded" and Munro would grudge the expense, also that she had been three times for Dr. Rankine, her own doctor, but he was not to be found. On the Monday night, how- ever, she summoned a surgeon, who "thought it was diarrhoea " and prescribed a rhubarb powder, which he pie- pared and left with her to be administered. Instead of relieving the patient who was somewhat easier, the powder made him much worse ; he died in great agony, and was buried next day. Questioned as to Munro's money, which was known to have been in her hands, Mrs. Jeffray explained that she had given it to him to send to his relatives in Skye. On 3rd November her daughter was married with undue magnificence, the number of the bride's frocks pro- voking envious comment. A further sensation was provided next day by the exhumation of Munro's body, followed on the 6th by that of Mrs. Carl. As in neither case was there any indication of natural death, Mrs. Jeffray was appre- hended, and in due course was indicted for the murders. The chemical analyses, conducted as regards Munro by Drs. Logan and Rankine, and as regards Carl by Professors Traill and Christison, were conclusive of the presence of arsenic, which in the opinion of those experts was undoubtedly the cause of death. It was proved that the prisoner had never called for Dr. Rankine, and that Munro had sent no money home to Skye. For the defence, an attempt to give to the supposititious rodents a local habitation in the garret was unsuccessful. After a trial lasting eighteen hours the jury by a majority found the prisoner guilty, but for some inexplicable reason unanimously recommended her to mercy. The judge in passing sentence observed that he could hardly conceive how a double murder came within the limits of mercy, and as the Home Secretary shared his Lordship's difficulty, Mrs. Jeffray paid the full penalty of her crimes. With characteristic firmness she refused to confess her suilt, and died inflexible to the end and unrepentant. A case of exceptional interest occurring in 1844 — the trial of Christina Gilmour for the murder of her husband 88 LOCUSTA IN SCOTLAND — is remarkable both in respect of its unusual features and its surprising result, (a) The daughter of a substantial farmer in Ayrshire, Christina had been educated somewhat above her condition, and as she was as fair as accomplished, her parents expected her to make a good marriage. A suitable parti was found in John Gilmour, a Renfrewshire farmer of worth and means, whom Christina was by her family induced to accept, though she had fixed her heart upon another. The wedding took place in November 1842, and the pair set out for their future home at Inchinnan, near Renfrew. They had no sooner arrived there than the bride announced to her husband that she would never live with him as his wife. How the situation might have developed need not concern us, for six weeks later John Gilmour was in his grave. On 26th December Mrs. Gilmour ordered her maidservant, who was on leave for a couple of days, to buy in Paisley " twopence worth of arsenic to kill rats," which the girl obtained and on her return delivered to her mistress. On the 29th John Gilmour, a strong man of thirty in perfect health, was seized with the symptoms characteristic of arsenical poisoning. Notwithstanding the assiduous attentions of his wife he grew gradually worse. On 6th January Mrs. Gilmour went early to Renfrew for the alleged purpose of getting " something that would do her husband good." On her return she inadvertently dropped a black silk bag, which was picked up by one of the farm hands. He examined it and showed it to the maid, who gave it to her mistress. The contents, a little phial of liquid that smelt like scent and a paper packet marked " Poison," Mrs. Gilmour explained as "turpentine to rub John with." On the 7th a young lady, describing herself as "Miss Robertson " of Paisley, obtained from a Renfrew chemist twopence worth of arsenic upon the well-worn pretext. {a) Broun's Justiciary Reports, ii. 23 ; Report of the Trial of Mrs. Oilmour. Edinburgh, 1844 ; Twelve Scots Trials, pp. 191-220. LOCUSTA IN SCOTLAND 89 At a later stage three witnesses identified the pseudo- nymous purchaser with the fair Christina. 'J'hough during the illness Mrs. Gilmour represented her husband as refusing medical aid, he had without her knowledge sent for a doctor from Renfrew, but that physician being when he came the worse of drink, was in no condition to make a diagnosis. On the 8th, by request of a relative. Dr. M'Kechnie of Paisley visited the patient. He was not satisfied with the case, and told Mrs. Gilmour to preserve for his examination the vomited matter, etc. Calling next day he asked for these, but she said there was so little that it was not worth keeping. On the 11th the doctor found the patient in a dangerous state. Soon after he left John Gilmour died, expressing a wish " to be opened," and exclaiming with his latest breath, " Oh, that woman ! — If you have given me anything, tell me before I die I " The funeral over, Mrs. Gilmour went home to her parents, and resumed correspondence with her first love. Eumour was busy with the farmer's mysterious fate ; his wife had told several people that she had married him against her will and "would rather have preferred one Anderson"; in the whole circumstances, especially in view of her repeated purchases of poison, an enquiry was deemed advisable, and on 22nd April the authorities ordered exhumation. Two doctors having reported that the deceased died from the efi'ects of an acrid poison, probably arsenic, the police w^ent down to Ayrshire with a warrant for the widow's arrest. But tidings of what was afoot had been before them, and Mrs. Gilmour had disappeared. She was traced to Liverpool, from which port she had sailed in a packet- ship for America, but her pursuers, taking a Cunard steamer, reached New York before her. After lengthy proceedings, caused by the feigned insanity of the fugitive, she was extradited and brought back to Scotland. In her declaration before the Sherifi' the prisoner, abandoning the rat motif, said that being unhappy in her marriage, she bought arsenic for the purpose of suicide, but changing 90 LOCUSTA IN SCOTLAND her mind, destroyed it ; she gave none to her husband. On 12th January 1844, exactly a year after his death, the widow was brought to trial at Edinburgh. The medical evidence as to the cause of death was incontrovertible ; the analytical tests, conducted separately by Drs. M'Kinlay and Christison, established the presence of arsenic in the stomach, liver, and intestines. The defence maintained that John Gilmour had poisoned himself either acci- dentally or voluntarily, but neither proposition received much support from the evidence. The unanimous opinion of the four Crown doctors that arsenic had been given in repeated doses, disposed of the question of suicide. As to the theory of accident, it appeared that long before his marriage Gilmour once poisoned some rats with arsenic, which he got from a neighbouring farmer ; but there was no proof that any of the poison remained in his possession. The defence called no witnesses; and after a damning speech by the Lord Advocate and a sentimental address from the other side, the Lord Justice-Clerk (Hope) charged strono-ly in favour of an acquittal, and the jury followed the judicial lead. So Christina returned to her native parish, where, though she did not after all get Anderson, she lived to a ripe and venerable age. A certain clergyman told me once that as a boy he often saw her in church — a charming old lady, serene and beautiful, famed throughout the district for her singular piety. The curious unwillingness of juries to convict a woman upon a charge of poisoning on evidence merely circumstantial however cogent, is, as we have seen and shall continue to find, a marked feature of such cases. A flagrant example is that of Janet Campbell or M'Lellan, tried at Edinburgh in November 1846 for the murder of her husband, James M'Lellan, a weaver at Dunning, Perthshire, nearly thirty years his wife's senior.(a) She had an intrigue with a lodf^er, resulting in the birth of twins, and the domestic (o) Arkley's Justiciary Reports, p. 137. LOCUSTA IN SCOTLAND 91 atmosphere was in consequence perturbed. The goodman made a practice at family prayers of referring pointedly to her transgression, which, instead of comforting the fair penitent, so exasperated her that on one occasion she pur- sued the suppliant with an axe. On 3rd July, M'Lellan, a hale man for his years, was taken ill, with symptoms indicating arsenic, after breakfast prepared by his wife. Next day, feeling "a good deal settleder," he was able to rise, but after breakfast the symptoms recurred in aggravated form. His wife was strangely annoyed when he was sick in a vessel containino- " the sow's meat." o Advised to invoke medical aid, she refused to do so — " he [her husband] was not so ready sending for skill to her when she needed it"; but M'Lellan insisted on seeing a doctor, as he believed he had been poisoned. Dr. Young, when he came, formed the like opinion, which was confirmed on his detecting arsenic in the vomited matter. The patient died that night, and his widow was arrested. In her declaration the prisoner denied that she ever had in her possession, or attempted to procure, poison. At the trial, it was proved that she applied personally to Dr. Young for arsenic " to poison rats," which, owing to the notoriously strained relations of the spouses, the physician declined to give her ; that she then sent a girl, Davidson, to buy arsenic from Dr. Martin, but without success ; and that on two occasions within a week of the death she obtained from a chemist by another girl, Aitken, twopence worth of that poison. She explained the second purchase to Aitken by saying that a mason who lodged with her " had tramped upon the saucer in which the former quantity had been placed," which the mason at the trial swore was false. No trace of poison could be found in her house, nor was there any evidence of how she had disposed of it. Dr. Thomson of Perth and Professor Christison found arsenic " to a con- siderable extent" in the stomach, liver and lungs of the deceased, and were confident that it caused his death. For the defence, Dr. Martin's assistant said that, when the twins 92 LOCUSTA IN SCOTLAND were born, M'Lellan asked him for "'poison to kill rats," which he refused to supply ; and an old flame of M'Lellan's stated that once upon a time she had rejected his suit, whereupon he threatened suicide. But as this incident took place thirty years before, it seemed improbable that the effects would be so far-reaching. The Lord Justice-Clerk told the jury that looking to the whole circumstances of the case, it was impossible to suppose the deceased had poisoned himself; yet that enlightened tribunal returned a verdict of Not Guilty ! One wonders what amount of proof ivould have sufficed for those disciples of Didymus. A case tried at Glasgow in January 1850 is an inter- esting exception to the general rule I have mentioned. The scene was the village of Strathaven in Lanarkshire : the characters, Margaret Lennox or Hamilton, a young married woman, and her sister-in-law. (a) Jean Hamilton, lately in service with the Rev. Mr. Campbell, an Edinburgh minister, had been seduced by that divinC; who paid her £26 as aliment for her expected child. It is gratifying to know that he was in consequence deposed. The girl re- turned to her mother's house, where in due course she gave birth to a child. She was attended by Margaret, but instead of making a good recovery, she was attacked by frequent sickness. On 7th July Margaret obtained from a doctor for the invalid a calomel powder, upon taking which Jean became violently sick. Margaret undertook to bring the doctor to see her, but failed to do so, and next day the girl died. A post-mortem was held, and on subsequent analyses by Professors Penny and Crawford, twenty grains of arsenic were found in the stomach. Shortly before the death Margaret obtained from an apothecary's wife arsenic "to kill rats," but in her declaration she altered the objective to buo-s. The clerical endowment had been placed upon deposit receipt in Jean's name wdth the local bank. Lord Cockburn, who tried the case, gives the following account of it : (a) Edinburgh Evening Courant, 12th January 1850. LOCUSTA IN SCOTLAND 93 The poisoner had first stolen the bank deposit receipt, and finding that she could not get the money without the owner's signature, she forged it, and then, having committed these two offences, she murdered the victim in order to hide them. She was tried for the whole three crimes. The forgery and the administration of arsenic were very clearly proved. But there was a doubt about the theft, and therefore the jury found it not proved. Yet upon this fact a majority of them grounded by far the most nonsensical recommendation to mercy that any jury known to me ever made themselves ludicrous by. They first recommended without stating any reason, and on being asked what their reason was, they retired, and after consultation returned with these written words, viz. : that they gave the recommendation " in consequence of the first charge of theft not having been proved, which they believe in a great measure led to the commission of the subsequent crime"! Grammatic- ally, this means that it was their acquittal of the theft that did the mischief, but what they meant was, that the murder was caused by a theft not proved to have existed. It is the most Hibernian recom- mendation I have ever seen. Though backed by the whole force of the very active party opposed to capital punishment, it failed, and the poor wretch' died. (a) In July of the same year there was tried at Edinburgh a case which, in its hideous blend of hypocrisy and cruelty, anticipates and rivals that of Dr. Pritchard.(6) William Bennison, an Irishman, when a lad of twenty, married Mary Mullen at Armagh in 1838. He deserted her in the following year, and at Paisley bigamously married Jane Hamilton. A few weeks afterwards he returned to Ireland and brought his first wife to Airdrie, where she fell sick and died, probably by poison. He then rejoined his other spouse, to whom he presented the wardrobe of her pre- decessor as the clothes of " his deceased sister Mary." Later, the second Mrs. Bennison learned that her sister- in-law was alive and well ; but her husband explained that the deceased of whom he had spoken was " only his sister in the Lord." Thereafter the couple removed to Edin- burgh, where they occupied a flat in Stead's Place, Leith Walk. An enthusiastic Methodist, Bennison received from (a) Circuit Journe.ys^ pp. 3()2, 363. (6) Shaw's Justiciary lleports, p. 453 ; .1 Full RepoH of the Trial of JViUiam Bennison. Leitli, 1850, 94 LOCUSTA IN SCOTLAND his pastor at the trial a glowing character. He took the keenest interest in the spiritual welfare of the flock, never missed a meeting, was an eager proselytizer, visited the sick, and possessed a notable gift of fluency in prayer. His character was akin to those " holy Luthers of the preaching North " of whom we read in Synge's Playboy of the Western World. The favourite convert of this modern Major Weir was a girl named Robertson, the sharer of his pew in chapel and the consoler of his leisure hours. "Their conversation," says Miss Robertson, "was always of religion." Mrs. Bennison, thousfh not a strono- woman, enjoyed fair health ; her sister, Ellen Glass, w^as surprised to hear from Bennison on Sunday, 14th April, that his wife had been seized with illness and that the doctor despaired of her life. She hastened to the house and found her sister, whom she had seen shortly before in her usual health, violently sick and in great pain. She remained with the suff"erer, as, in her own expressive phrase, " she saw that death was on' her." As a matter of fact no doctor had seen the patient, and when it was suggested to send for one, Bennison said, " It's of no use ; she is going home to glory." Mrs. Bennison told her sister she was taken ill after eating porridge. She died that night. During her last hours her husband, who had asked for the prayers of the congregation, busied himself in pre- paring " the dead clothes " and writing funeral letters, so that when all was over the final arrangements were well in hand. Advised of his loss — he had never entered the sickroom — he piously remarked, "Thank God! She has gone to glory." The burial took place forthwith, Bennison drawing £11 from divers benefit societies of which he was a member. He informed his tailor, from whom before the death he had bespoken mournings, that he had never seen a "pleasanter" deathbed. Now it happened that, when his wife lay dying, Bennison put out some cooked potatoes, which were devoured by two of the neighbours' dogs ; these presently died in agony, the fact aroused suspicion. LOCUSTA IN SCOTLAND 95 and a rumour spread that Mrs. Bennison had been poisoned. The widower was much distressed. He called upon a druggist named M'Donald, and referred to a recent purchase by him from M'Donald's wife of half an ounce of arsenic "for rats in the cellar," on which he feared the authorities might put a false construction. He hoped M'Donald would say nothing about it : "As 1 got it from your wife, you can easily say I did not get it from you." This casuistry not commending itself to the chemist, Bennison said that God had carried him through many difficulties, and would doubtless see him through this one. He was, as will appear, mistaken. Next day the body was exhumed in presence of the bereaved husband, who identified it as that of his " dear Jane." He was subse- quently arrested on the charges of bigamy and murder. At his trial Dr. (afterwards Sir Douglas) Maclagan stated that he found arsenic in the stomach and liver of the deceased. He also detected its presence in a vessel into which she had vomited, and in a piece of paper recovered from the grate ; but he failed to find any in the bodies of the dogs. From the symptoms, morbid appearances, and results by analysis, he had no hesitation in attributing the death to arsenic. Drs. Spittal and Anderson corroborated. The jury unanimously found the prisoner guilty, and he was sentenced to death. On leaving the dock he made a canting speech, in which he declared his innocence before God and forgave the sins of the Crown witnesses. Bennison in the end confessed his crime — he had put arsenic in the porridge — and was duly executed. Seldom has a fouler scoundrel graced the gallows. His case is the subject of an instructive article in the Edinburgh Courant,{a) dealing with the strange atiinity between religious enthusiasm and crime. Apart from those criminals who by the incompetence or pig-headedness of juries escape the grasp of justice, there is (a) 29tli July 1850. 96 LOCUSTA IN SCOTLAND a smaller class who owe their immunity from punishment to some loophole in the law itself. Of such technical acquittals three examples may here be noted. At Glasgow in May 1843 Mary M'Farlane or Taylor was charged with a double murder. (a) When the diet was called, ol)jection was taken to the citation of the pannel in respect of an error in date, and the case was certified to the High Court. This certification was fallen from, and no further proceedings were taken. Similar results followed in nineteen other cases at the same circuit. Lord Cockburn, who presided, observes : There was also the case of a woman accused of murdering her husband, but it was one of the twenty, and did not come on. It will be a famous case in its day, however. She first committed the capital offence of giving her husband a dose of arsenic, which very nearly killed him, but he survived it. Thinking, truly, that it was her unskilfulness in administer- ing that made this dose fail, she resolved to improve herself by a little practice, and then to renew the attempt. She therefore experimented upon a neighbour, whom she killed ; and having now ascertained how to proceed, she gave another dose to her spouse, and killed him too. She was indicted for the two murders and the abortive administration, an awkward accumulation of charges. It being in her case that the motion to put off all the trials was made, she was brought to the bar ; and, whether it was fancy or not, struck me as having a very singular expression. She was little, apparently middle-aged, modest and gentle looking, with firm- set lips, a pale countenance, and suspicious restless eyes.(i) This scandalous miscarriage of justice led to an amend- ment in the practice of citing parties at circuit ayres. The second instance is the case of Janet Hope or Walker at Edinburgh in July 1845.(c) This woman, wife of the land- lord of the Blue Bell Inn, Lockerbie, was charged with poisoning by arsenic George Tedcastle, her son by a former husband. While incarcerated in Dumfries jail the prisoner confessed her guilt to the keeper, who had constituted himself her spiritual adviser. At the trial, a question as to what she said to him being disallowed, the prosecutor (a) Broun's Justiciary Reports, i. 550. (h) Circuit Journeits, \\ 190. (c) Broun's Justiciary Reports, ii. 465. LOCUSTA IN SCOTLAND 97 abandoned the charge, and a verdict of not guilty was returned. The third and most deplorable example occurred at Inverness in April 1852, where Sarah Anderson or Eraser and James Fraser, her son, were convicted of poisoning William Fraser, Inver, Easter Ross, husband of one, and father of the other pannel.(a) Fraser was sixty years of ao-e, his wife forty, and their son seventeen. Purchases of arsenic by Mrs. Fraser at Tain were proved, following upon which the husband became suddenly ill. Before his death she was heard to say that if she were a widow, there would be none happier in Ross-shire. No doctor was sent for, and the man died with all the usual symptoms. Forty-five letters written by mother and son to each other were recovered ; and on his judicial examination the son was asked to explain certain passages : — " Hasten the day when you will be a widow" ; " I pray to heaven I will soon have it in my power to release you from the tyrant" ; " I wish the world were rid of such a monster " ; " Many others have wished my father's death as well as I " ; "If you have any spunk you will not be long in your present condition," etc. He declared that his father was unkind to his mother — of which, by the way, there was no evidence — and what he meant was, that he hoped soon to be in a position to support her. The mother declared that all the arsenic was consumed by rats. On their trial their guilt was clearly proved, and the jury found accordingly ; but sentence was delayed, owing to an objection taken for the defence to the admission of certain evidence. In the list of productions a packet of powder, sent to Dr. Maclagan for analysis, which he found to be arsenic, was described as a " sealed packet," whereas, though the seals were intact, the wrapper had been cut by him in order that he might examine the contents. The point was certified for the consideration of the High Court. On 1st June, before that tribunal, it was (a) Irvine's Justiciaiy Reports, i. 1,66; OouraiU ; Scotsman; 17th April 1852. 7 98 LOCUSTA IN SCOTLAND further objected that no precise day had been fixed for the diet being called, so the diet was held to have fallen, and the warrant against the prisoners was discharged. On 12th July an attempt by the Crown to proceed against them upon a new indictment failed, the Court holding that, havino- tholed an assize, they could not again be tried for the same ofi'ence. Thus, thanks to these red-tape entangle- ments, two convicted murderers were restored to society. Lord Cockburn, who presided at their trial, has given his impressions of the case : The only interesting case was that of Mrs. and Mr. Fraser, a mother and her son (a lad), who had chosen to poison their father, a shopkeeper in Eoss-shire. They thought him a useless creature, and that they would be better without him, especially as the wife had forged his name to bills, in reference to which his removal before they became due would be con- venient. I never saw a couple of less amiable devils. The mother, especially, had a cold hard eye, and a pair of thin resolute lips, producing an expression very fit for a remorseless and steady murderess. She saw her daughter, a little girl, brought in as a witness, and heard her swear that there were no rats in the house and that her father's sufferings were very severe, with a look of calm ferocity which would have done no dis- credit to the worst woman in hell. They were both convicted, but I fear the gallows won't get its due . . . which will be a pity.(a) We have seen that his Lordship's fear was justified. As it too rarely happens that we have the advantage of a judge's private opinion upon cases tried before him, I shall give one other instance from Lord Cockburn's reminiscences : that of Elliott Millar at Jedburgh in September 1847.(6) The only curious case on this Circuit was that of a worthy husband who wanted to get his spouse killed ; but instead of resorting to common- place violence by himself, he tried to make the law do it. For this purpose he fell upon the device of making it appear that she had poisoned him ; for which she was committed for trial and was very near being tried. But suspicion being excited, it was discovered that his whole statements on precognition were false, and all his dexterous imitations of being poisoned, utter fabrications. The result was that he was brought to trial himself for fraud, and was transported for seven years.(c) {a) Circuit Journeys, p. 377. (6) Arkley's Justiciary Reports, p. 355. (c) Circuit Journeys, p. 333. LOCUSTA IN SCOTLAND 99 It appears that this ingenious rascal complained of illness after breakfast ; took an emetic, saying his wife had poisoned him ; and preserved for examination the coffee and vomited matter. These on analysis were found to contain sugar of lead, which, as he subsequently confessed, he had himself introduced from a supply obtained by his wife with a view to suicide, in attempting which she was unsuccessful I Confronted with the task of tackling in a single para- graph the complexities of our greatest cause celehre, I envy the skill of those caligraphists who within the compass of a threepenny piece can depict our most familiar prayer. But though it is impossible in such conditions to appreciate Madeleine Smith's achievement, no paper on Scots poisoning would be complete without her. (a) The daughter of an architect of position in Glasgow, Madeleine at nineteen was a dashing damsel, accomplished and attractive, an ornament of middle-class society in that city. Her charms caught the roving eye of a young Frenchman, L'Angelier, clerk in a commercial house, and he contrived through a common friend an introduction to her in the street. This ill-omened meeting occurred in 1855. Socially, of course, L'Angelier was impossible ; but he was a good-looking little " bounder," and the girl fell in love with him. They corresponded constantly, with that amazing mid-Victorian voluminosity which, happily, is a lost art, and met as often as circum- stances permitted. No one in Madeleine's set knew of their intimacy ; but a romantic spinster friend of L'Angelier, Miss Perry, acted as go-between, and one of the Smith's maids connived at their clandestine meetings. In the spring of 1856 the flirtation developed into an intrigue, the changed relations of the lovers being reflected in the tropical and abandoned tone of the fair correspondent. They addressed one another as "husband" and "wife," and there can be little doubt that in the belief of L'Angelier, as well as by (a) Irvine's .Justiciary Reports, ii. 641 ; Trial of Madeleine Smith, edited by A. Duncau Smith, 1905. 100 LOCUSTA IN SCOTLAND the law of Scotland, tliey actually were married. An elopement was anticipated, but the gallant's official salary amounted only to ten shillings a week and the lady was quite dependent on her parents, so the prospect was none of the brightest. In November 1856 the Smiths occupied a main-door corner house, No. 7 Blythswood Square. The stanchioned w^indows of Madeleine's bedroom in the base- ment opened directly upon, and were partly below the level of, the pavement of the side street ; it was the lovers' custom to converse at these, the sunk part formed a con- venient letter-box, and when the coast was clear she could take him into the house. In the flat above lived a gentle- man named Minnoch, who began to pay his charming neighbour marked attentions. Whether or not the copious- ness of her draughts of passion had induced satiety, Made- leine v/as quick to realise that her position as the wife of a prosperous Glasgow merchant would be very different from her future with the little French clerk, so she gave her responsible wooer every encouragement. On 28 th January 1857, with the approbation of her parents, she accepted his hand. Meantime her correspondence with L'Angelier was maintained at the accustomed temperature, till, early in February, she made an efl"ort to break the " engagement," and demanded the return of her letters. Rumours of Mr. Minnoch's attentions had reached L'Angelier ; he suspected what was afoot, taxed her with perfidy, and refused to give up the letters to anyone but her father. The mere sugges- tion drove Madeleine well-nigh crazy : the letters were indeed such as no parent ever read and few daughters could have written ; she poured forth frantic appeals for mercy and solemnly denied that she had broken faith ; she besought him to come to her and she would explain every- thing. L'Angelier stood firm ; he has been called black- guard and blackmailer ; as I read the facts, it was neither revenge nor money that he wanted, but his wife. " I will never give them up," he told his friend Kennedy, " she shall never marry another man so long as I live " ; adding with LOCUSTA IN SCOTLAND 101 prophetic significance, "Tom, she'll be the death of me." A reconciliation was effected on 12 th February, the corre- spondence was resumed on the old footing, and L'Angelier became again "her love, her pet, her sweet Emile." He told Miss Perry he was to see Madeleine on the 19th. That night he left his lodgings, taking the pass-key as he intended to be late ; next morning his landlady found him writhing in agony on his bedroom floor, with all the symptoms of irritant poisoning. Whether the lovers had met or not is disputed, but in his diary, production of which at the trial was disallowed, L'Angelier wrote: " Thurs. 19. Saw Mimi a few moments — was very ill during the night." He recovered, but was never the same man afterwards. At 4 A.M. on Monday, 23rd, L'Angelier rang for his landlady, who found him suffering from another similar attack. The diary records : " Sun. 22. Saw Mimi in drawing-room — Promised me French Bible — Taken very ill." This meeting is otherwise established under Madeleine's own hand : " You did look bad on Sunday night and Monday morning. 1 think you get sick with walking home so late and the long want of food, so the next time we meet I shall make you eat a loaf of bread before you go out." L'Angelier said to Miss Perry, " I can't think why I was so unwell after getting coff'ee and chocolate from her [Madeleine]," referring to two different occasions ; "If she were to poison me I would forgive her." He also told his friend Towers that he thought he had been poisoned twice, after taking coffee and cocoa. Now, prior to the first illness, Madeleine made an abortive attempt to procure prussic acid — "for her hands " — but no arsenic could then be traced to her posses- sion. The day before the second attack she bought from Murdoch, a druggist, one ounce of arsenic " to send to the gardener at the country house " — Mr. Smith's summer villa at Row, on the Gareloch. On 5th March L'Angelier, whose jealousy had reawakened, wrote insisting on knowing the truth about Mr. Minnoch ; that day Madeleine purchased from Currie, another druggist, a second ounce of arsenic 102 LOCUSTA IN SCOTLAHD "to kill rats in Blythswood Square," and on the 6th she went with her family for ten days to Bridge of Allan. Mr. Minnoch was of the party, and the wedding was fixed for June. L'Angelier, on sick leave, had gone to Edinburgh, impatiently awaiting Madeleine's return, when everything was to be explained; on the 19th he followed her to Bridge of Allan. But Madeleine had come back on the 17th, and next day she obtained from Currie a third ounce of arsenic — "the first was so effectual." On the evening of Sunday, 22nd, L'Angelier returned to his lodgings : a letter for- warded to him from Glaso-ow had brous^ht him home in hot haste ; he looked well and happy, and after a hasty meal hurried away, saying he might be out late. At 2.30 a.m. his landlady, aroused by the pealing of the door bell, found him doubled up with agony upon the threshold. He was put to bed and a doctor sent for, who formed a hopeful prognosis; " I am far worse than the doctor thinks," cried the patient. He said nothing as to the cause of his illness, but asked to see Miss Perry ; when that lady arrived L'Angelier's lips were sealed for ever. In his pocket was found the last letter of a remarkable series : Why my beloved did you not come to me. Oh beloved are you ill. Come to me sweet one. I waited and waited for you but you came not. I shall wait again to-morrow night same hour and arrangement. Do come sweet love my own dear love of a sweetheart. Come beloved and clasp me to your heart. Come and we shall be happy. A kiss fond love. Adieu with tender embraces ever believe me to be your own ever dear fond MiMi. The postmark was Glasgow, 21st March. L'Angelier's half of the fatal correspondence was discovered, Madeleine fled to Row and was brought back by her fiance ; an examination of the body pointed to poison, and she was apprehended. In her declaration she said that she had not seen L'Angelier for three weeks ; the appointment was for Saturday, 21st, he came neither that night nor the next ; her purpose in making it was to tell him of her eno-ao-ement. As to the arsenic, she used it all as a o o LOCUSTA IN SCOTLAND 103 cosmetic, on the advice of a school-friend. She admitted giving cocoa to L'Angelier once at her window. Of the nine days' wonder of her trial at Edinburgh in July 1 have small space left to speak. No less than 88 grains of arsenic were found in the body, and the defence made much of the fact that this was the greatest quantity ever detected, arguing that so large a dose indicated suicide rather than murder. The unsoundness of this contention is proved by two subsequent English cases, (a) where 150 and 154 grains respectively were recovered. As regards the first two charges — of administration — the Crown was handicapped by the exclusion of L'Angelier's diary, and in the murder charge, by inability to prove the actual meeting of the parties on the Sunday night. There was proof that L'Angelier had talked once or twice in a vapouring way of suicide, but none that he ever had arsenic in his possession. The prisoner's account of her object in acquiring arsenic was contradicted by her old school-fellow, and the fact that what she obtained was, in terms of the Statute,(6) mixed with soot and indigo, rendered it strangely uninviting for toilet purposes. On the other hand, the doctors noticed no colouring matter in the body, but to this point their attention was not then directed. On the question of motive, it was maintained that the prisoner had nothing to gain by L'Angelier's death if her letters remained in his possession. These, however, having neither address nor any signature except "Mimi," afforded little clue to the writer's identity. But surely it was his silence that was for her the supreme object : how could that be ensured save by his death ? Lord Advocate Moncreiff's masterly address, strong, restrained, convincing, was then, as now, unduly eclipsed by the brilliant emotional speech of John Inglis for the defence, held to be the finest ever delivered in a Scots court. The one appealed to the head, the other to the heart; each pledged his personal (a) B. V. Dodds, 1860, and E. v. Hemtt, 1863. (b) 14 Vict. c. 13, s. 3. 104 LOCUSTA IN SCOTLAND belief in the rightness of his cause. Lord Justice-Clerk Hope's charge favoured an acquittal ; the jury found the pannel not guilty of the first charge, the other two not proven. In the popular verdict, " If she did not poison him, she ought to have done it," I am unable to concur. The amazing self-command with which the prisoner faced her ordeal, no less than her youth and beauty, inspired the pens of contemporary scribes. During the trial she received many proposals, lay and clerical ; her fiance was not an offerer. A surgeon named Tudor Hora was pre- ferred, with whom she emigrated to Australia. Returning to England after his death, she was married on 4th July 1861 at St. Paul's, Knightsbridge, to Mr. George Wardle, an artist. She is said to have died in Melbourne in 1893.(a) There is in the trial at Glasgow in December 1857 of John Thomson alias Peter Walker, known as the Eagles- ham case — the first in Scotland for murder by hydrocyanic or prussic acid — a curious echo of that which we have just considered. (6) Thomson was employed as a journeyman tailor in the village of Eaglesham, near Glasgow. A girl named Montgomery had rejected his addresses and he vowed revenge. Thomson was much interested in the newspaper reports of Madeleine Smith's trial, discussed the relative drawbacks attending the use of arsenic and of prussic acid, and expressed his strong opinion that she should have been hanged. Having obtained by the carrier's boy from a Glasgow chemist 2 drachms of Scheele's prussic acid, for use as a " hair dye," Thomson on 13th September administered it to Montgomery in beer, leavinsj the girl locked in her room. She was found in a dying condition, and her death certified as due to apoplexy. On the 23rd, after ordering a second supply, he left his situation for Glasgow, where he attempted (a) Notes and Queries, ii. S. iv. 311. (6) Irvine's Justiciary Reports, ii. 747 ; Report of the Trial of John Thomson alias Peter Walker Edinburgh, 1858 ; " Poison and Plagiary," infra, pp. 121-142. LOCUSTA TN SCOTLAND 105 gratuitously to poison in whisky Mr. and Mrs. Mason, with whom he lodged. Suspicion was aroused, Montgomery's body was exhumed and examined, and Drs. IM'Kmlay and Maclagan detected prussic acid in the stomach and spleen. Convicted on circumstantial evidence, Thomson was executed, confessing his guilt. Glasgow contributes further to our subject the case of Dr. Pritchard, tried at Edinburgh in July 1865 for the poisoning of his wife by repeated doses of antimony, and of his mother-in-law by antimony and aconite. (a) " When a doctor does go wrong," Mr. Sherlock Holmes once remarked to his egregious colleague, " he is the first of criminals. He has nerve and he has knowledge. Palmer and Pritchard were among the heads of their profession." A hypocritical charlatan with a German diploma, hand- some, plausible, and unscrupulous, Pritchard, after a varie- gated career, came to Glasgow in 1860. Though disliked and distrusted by his medical brethren he acquired a con- siderable practice; but his reputation suffered by his "treatment" of certain lady patients, and a fire in his house in Berkeley Terrace, involving the mysterious death of a servant girl, followed by a fraudulent claim on an insurance company, hardly enhanced his fame. An adept at self-advertisement, he was an enthusiastic Mason and a popular lecturer on his experiences of foreign travel, which, as he was unhampered by the laws of truth, were rich in surprising detail. His family worshipped him ; his wife, to whom he was flagrantly unfaithful, was ready to accept anything— even poison — at his hands, while of his mother- in-law he is said to have been the idol In 1864 we find Pritchard established at No. 131 (now 249) Sauchiehall Street, the household consisting of himself, his wife and children, a cook and a nurse- housemaid. The latter, Mary M'I.eod, a girl of 16, had been the year before seduced by him and the subject of an illegal operation at his hands. (a) Irvine's Justiciary Reports, v. 88 ; Trial «/" Jh. Pritchard, edited by- William Rougheai), 1906. 106 LOCUSTA IN SCOTLAND Mrs. Pritchard was aware of the intimacy. Two medical students boarded in the house. Mrs. Pritchard's illness began in October with persistent sickness. In November she went to see her parents, Mr. and Mrs. Taylor, at No. 1 Lauder Road, Edinburgh, where she stayed till Christmas. During the visit she was greatly better, but on her return home the sickness recommenced, occurring after food. Pritchard ascribed her illness to gastric fever, and Dr. Cowan of Edinburgh, her cousin, saw her ; he did not con- sider her seriously ill. On 1st February 1865 she had a violent attack of cramp ; Dr. (afterwards Sir William) Gairdner was sent for. The case puzzled him — there were no symptoms of fever, he thought she was intoxicated ; so he wrote to the lady's brother. Dr. Michael Taylor, Penrith, recommending her removal to his care ; but Pritchard said she was not w^ell enough to travel. Meanwhile Dr. Cowan had told Mrs. Taylor that she ought to go to Glasgow to look after her daughter, and on the 10th the old lady arrived from Edinburgh. She was a hale woman of seventy, but in the habit of taking for neuralgic headaches Battley's Sedative Solution, a preparation of opium. On the 13th some tapioca prepared for the invalid was eaten by Mrs. Taylor, who immediately became sick, remarking that she must have got the same complaint as her daughter, upon whom she was in constant attendance. On the evening of the 24th Mrs. Taylor had tea with the family, wrote some letters in the consulting-room, and walked upstairs to her daughter's room, telling the maid to order sausages for supper. A few minutes later she was seized with illness, and rapidly became unconscious. Dr. Paterson was summoned, to w^hom Pritchard falsely stated that the old lady, while writing letters, had fallen off her chair in a fit and was carried upstairs, adding that she was given to liquor. Dr. Paterson examined her ; she was dying, said he, under the influence of some strong narcotic, and Pritchard explained that she was in the habit of taking opium. Dr. Paterson was much struck by the ghastly LOCUSTA IN SCOTLAND 107 appearance of Mrs. Pritchard, sitting up in bed behind her dying mother. He formed the opinion that she was being poisoned with antimony, but " professional etiquette " pre- vented him interfering, and he left the house. Mrs. Taylor died that night. In her pocket was found the bottle of Battley, of which Pritchard took possession, saying it would never do for a man in his position to have it talked about. After the death, he met Dr. Paterson in the street and asked him to call on Mrs. Pritchard, which that gentleman did, confirming his impression that she was the victim of foul play. When Pritchard sent to him for Mrs. Taylor's death certificate Dr. Paterson refused to grant it, and wrote to the Registrar that the death was " sudden, unexpected, and to him mysterious " ; this he thought should open the eyes of the authorities, but the Registrar destroyed tlie letter and did nothing further. So Mrs. Taylor was buried by her disconsolate son-in-law in the Grange Cemetery, Edinburgh. Mrs Pritchard's lingering illness continued, " one day better and two days worse," despite the unremitting care of her loving husband and physician. On 13th March he sent by M'Leod to the patient a piece of cheese, which she asked the girl to taste. Mary did so, and experienced a burning sensation and thirst. The cook, afterwards eating it, became violently sick and had to go to bed. On the 15th Pritchard ordered her to make egg-fiip for the invalid. He carried two lumps of sugar from the dining-room into his consulting-room, and from thence to the pantry, where he dropped them into the fiip. Mrs. Pritchard took a little and was sick ; the cook drank the rest and suffered all night from pain and vomiting. On the 17th Mrs. Pritchard had a severe attack of cramp and became delirious. Dr. Paterson was sent for, and advised a sleeping-draught ; as Pritchard said he kept no drugs in the house. Dr. Paterson wrote a prescription and departed. That night Mrs. Pritchard died in her husband's arms, Mary M'Leod lying on a sofa at the foot of the bed. 108 LOCUSTA IN SCOTLAND Pritchard took his wife's body to her father's house in Edinburgh, where at his request the coffin was opened in presence of the relatives, that he might kiss his "dearest Mary Jane " for the last time. Not Webster nor Tourneur, those masters of the horrific, ever conceived a scene so cynically atrocious. Meanwhile someone had written to the Procurator-Fiscal, calling his attention to these strange deaths ; when Pritchard was in Edinburgh his house was searched and the inmates examined, and on his return he was arrested at Queen Street Station for the murder of his wife. On the discovery of antimony in Mrs. Pritchard's body that of Mrs. Taylor was exhumed, and the presence of the same poison being also in her case ascertained, Pritchard was further charged with her murder. The trial took place on 3rd July before the High Court ; John Inglis, who had so successfully defended Madeleine Smith, presided as Justice-Clerk ; the Solicitor-General (Young) prosecuted, and Mr. Rutherfurd Clark conducted the de- fence. The medical evidence as to the cause of death was in both cases conclusive. Pritchard had certified that of Mrs. Taylor as "Paralysis, 12 hours; Apoplexy, 1 hour," and that of his wife as " Gastric Fever, 2 months." Mrs. Pritchard's symptoms, as observed by Drs. Cowan, Gairdner and Paterson, directly negatived the truth of this, while other witnesses proved that Mrs. Taylor was quite well until her sudden seizure. There was no sign of apoplexy. The medical and chemical examinations made by Drs. Maclagan, Littlejohn, and Penny established the fact that both bodies contained antimony — that of Mrs. Pritchard being saturated with the poison. Antimony and aconite were found in the bottle of Battley, but no aconite could be detected in Mrs. Taylor's body. The unused tapioca was largely mixed with antimony. As regards possession of poison by the prisoner, despite his statement to Dr. Paterson he was proved to have been from September 1864 to 16th March 1865 a constant purchaser of deadly drugs: strychnia, conium, laudanum, morphia, tartarised antimony, LOCUSTA IN SCOTLAND 109 Fleming's tincture of aconite, atropine, etc. ; the quantities of antimony and aconite alone being largely in excess of those supplied to other medical men and much greater than could have been required in any ordinary practice. The opportunities for administration were obvious, but the cheese and the egg-flip were the only poisoned articles traced to Pritchard's hand. The Crown case, in other respects impregnable, was weakest upon the question of motive. Pritchard had promised to marry M'Leod if his wife died, and under Mrs. Taylor's settlement he received a life-interest in a few hundred pounds. That he would in any circumstances have married the servant-girl he had long before seduced is incredible ; and though his bank account was overdrawn, Mrs. Taylor would have lent him money, as she had previously done. It would be, for him, a sufficient reason for becoming a widower that he was tired of his wife and saw his way to a more attractive match ; as for ]\Irs. Taylor, her presence interfered with his scheme, and we know from his confession that she had " caught M'Leod and him in the consulting-room " ; pro- bably she proved less complacent than her daughter on a similar occasion. An attempt by the defence to throw the guilt upon M'Leod failed, and Pritchard afterwards declared her complete innocence. After a five days' trial he was convicted and sentenced to death. Before his execution — the last public one in Glasgow — ^he confessed his crimes, which he attributed to " the use of ardent spirits " ; but there is no evidence of his intemperance : he was too cold- blooded and crafty for that. He retained to the last the cloak of religious hypocrisy which he had worn so long. " 1 shall meet you in Heaven," said he to the Rev. Dr. Bonar, whom he had asked to pray with him. "' Sir," retorted the divine, " we shall meet at the Judgment Seat." On 23rd November 1910, in connection with the demolition of the old South Jail, the courtyard, in which were buried the bodies of executed criminals, was excavated, and among the remains exhumed were those of Dr. Pritchard, Oppor- 110 LOCUSTA IN SCOTLAND tunity was taken to examine the skull, a " note " on which, with interesting photographs, was published by Mr. Edington in 19 12. (a) Eugene Marie Chantrelle, teacher of French and amateur physician, was a villain of a ruder type than Pritchard. (Z>) While employed at Newington Academy, Edinburgh, in 1868 he seduced one of his pupils, a girl of fifteen named Elizabeth Dyer, whom her family, saving her reputation at the cost of her happiness, compelled him to marry. From the first Chantrelle systematically ill-treated his wife, several times she fled from his cruelty to her parents' home, but for the sake of her children she as often returned to her tyrant. As his infidelities were frequent and notorious she could readily have obtained divorce ; there again, however, she sacrificed herself to her children's welfare. So for ten years the unhappy woman patiently endured her cross. Chantrelle's teaching connection suff'ered from his profligate and drunken habits, engagements grew scarce, he was in debt and pressed for money, and in October 1877 he insured his wife's life for £1000 with the Accident Assurance Association, having previously ascertained from another office what constituted "accidental" death. This step was against the lady's wish : she told her mother that she was afraid of the consequences, for her husband had more than once threatened to take her life ; he was half a doctor, and boasted that he could poison her without detection. The Chantrelles occupied the two upper flats of a common stair, No. 81a George Street, Edinburgh. On New Year's Day 1878 Madame Chantrelle gave the servant a holiday, re- mainino; herself at home with the children. On the maid's return at 10 p.m. Chantrelle told her that his wife, being unwell, had o;one to bed. She found her mistress in the back bedroom, " very heavy looking," with the baby beside her. A tumbler of lemonade stood by the bedside, (a) Glasgow Medical Journal, February 1912. (6) Trial of E. M. Chantrelle, edited by A. Duncan Smith, 1906. LOCUSTA IN SCOTLAND 111 and Madame asked her to peel an orange for her, which was done. Chantrelle slept in the front bedroom with the tw^o older children. Next morning when the maid rose at seven she heard moaning from her mistress's room, the door of which was partly open and the gas unlit— both contrary to custom. Entering, she saw Madame lying unconscious in the bed, with stains as of vomiting upon the pillow. She called her master, who was in his own bed with the three children. He went with her to the back room and attempted to rouse his wife ; the maid advised sending for a doctor. Chantrelle said he heard the baby cryino- and told her to attend to it ; she left the room, but findino- the baby still asleep, at once returned, and saw Chantrelle in the act of coming away from the window. " Don't you smell gas ? " he asked, and though she did not then do so, immediately afterwards she noticed a slight smell, so she turned off the gas at the meter. Dr. Carmichael was summoned ; when he arrived the room was redolent of was, and Chantrelle explained that there had been an escape. The doctor sent for Dr. (afterwards Sir Henry) Littlejohn, City Medical Officer, " to see a case of coal-gas poisonino-/' and the patient, in a comatose state, was carried into the front room. Dr. Littlejohn came ; he thought she was dying and advised her removal to the Royal Infirmary. Both doctors, in view of the smell and of Chantrelle's false statements, believed her to be suffering from gas. At the Infirmary, Dr. Maclagan, into whose ward she was taken, diagnosed the case as one not of gas, but of narcotic poisoning, probably opium, and it was treated accordincrly. At 4 P.M. the patient died without having reo-ained con- sciousness. Medical and chemical examinations of the body negatived the suggestion that death was due to gas poison- ing, but failed to detect the narcotic poison indicated by the symptoms. Fortunately for the ends of justice, in certain stains of vomited matter upon the nightdress and bedclothes Drs. Maclagan and Littlejohn, as well as Pro- fessors Crum Brown and Eraser, established by separate 112 LOCUSTA IN SCOTLAND analyses the presence of opium, apparently in the form of extract, together with orange pulp. Chantrelle was arrested ; although his judicial declaration occupied thirteen hours, the only important point was his statement that he left his wife in her usual health at 1 a.m. ; for the rest, the por- tentous document was devoted to gross and baseless slander of the dead woman. On his trial at Edinburgh in May 1878, for murdering his wife by opium, in orange or lemonade. Lord Moncreiff presided, the Lord Advocate (Watson) appeared for the Crown, and Mr. Trayner for the pannel. The defence maintained that the symptoms and morbid appearances were consistent with gas poisoning, and that the stains were not proved to be the result of vomit- ing ; and indeed, upon the medical evidence alone, the Crown mif^ht not have been certain of a conviction. But it was proved that behind the window shutter, from whence, before there was any smell of gas, Chantrelle had been seen by the maid to come, was a disused gas pipe, freshly broken throuo-h by wrenching, which, had it been for any time in that condition, must have filled the house with gas; and that while Chantrelle denied that he knew of the pipe being there, he had in 1876 been present when it was repaired, and discussed its position with the workman. It was further proved that on 25th November 1877 Chantrelle bouo-ht from a local chemist a drachm of extract of opium, as to the application of which there was no evidence, though a similar purchase by him in 1872 was found in his reposi- tories ; also that he had stated to various witnesses that before o-oing to bed he gave his wife a bit of orange and some lemonade, and took the baby away as she was feeling unw^ell. The jury unanimously found him guilty, and the prisoner, in a rambling statement from the dock, demolished the whole fabric of the defence by arguing that his wife had taken opium voluntarily, and that someone had rubbed the poison on her linen in order to incriminate him. He was condemned to death, and notwithstanding strong efforts made to obtain a reprieve, sentence was duly carried out, LOCUSTA IN SCOTLAND 113 the convict refusing to confess his guilt. Had Chantrelle been content simply to turn on the gas that night in his wife's room it is probable that, so far as her case is concerned, he might have "cheated the woodie"; but it was under- stood at the time that in the event of an acquittal the Crown was prepared to indict him upon another capital charge. After M. Chantrelle's enforced retirement from practice the art of poisoning in Scotland sensibly declined. Since his suspension no other artist of the same school has been, if I may pursue the metaphor, hung on the line ; the present generation furnishes but few performers, whose work, in quantity inconsiderable, lacks the boldness of design and finish of execution which distinguish that of the older masters. An unsatisfactory case was that of John Webster, landlord of Newton Hotel, Kirriemuir, tried at Edinburgh in February 1891, for the murder of his wife by arsenic.(a) In the beo-innino; of Auo;ust Mrs. Webster had been suddenly attacked with vomiting and persistent thirst, and died after three days' illness, attended by her husband. A doctor, called in, thought her suffering from gastritis, and certified accordingly. Four months after interment the body was exhumed ; it was unusually well preserved, there were no signs of natural death, and on analysis arsenic was found in all the organs examined. At the trial expert evidence to that effect was given by Dr. Littlejohn, Mr. Falconer King, and Professor Crum Brown ; death was due to arsenic, administered in repeated doses. An error in the chemical report as to the amount probably contained in the body was corrected by the medical witnesses from subsequent experiments. When the diet was first called the Lord Advocate asked for a postponement, owing to the disappearance of his principal witness, James Peacock, barman at the hotel. Before the second trial Peacock was discovered drowned in a reservoir, so his testimony was lost (a) Scotsman, 18th, 19th, and 20t]i February, 1891. 114 LOCUSTA IN SCOTLAND to the Crown. It was proved that the couple had been on bad terms, and that Webster had insured his wife's life for £1000. The bed linen used by the deceased had been partially washed before being sent to the laundry. No arsenic could be traced to the prisoner's possession, nor any attempt on his part to procure it. The defence con- tended that the presence of arsenic in Mrs. Webster's body was due to her having taken Fowler's Solution ; she had consulted in June an unknown medical man, who gave her medicine which "might have been Fowler" — a likely prescription for the ailment she admittedly had ; but, on the other hand, it was not proved that she ever took any, and none was found in the house. Taylor, by the way, states that there is only one recorded case (1848) in which Fowler's solution has destroyed life.(a) After a three days' trial the jury returned a verdict of not guilty, and the prisoner was discharged. On 19th November 1906 Mr. William Lennox, Old Cumnock, Ayrshire, received by post an anonymous gift of shortbread, roughly covered with icing, in a parcel containing a card inscribed, " With happy greetings from an old friend." Four persons in the house who tasted the shortbread became seriously ill, with symptoms of strych- nine poisoning ; one, the housekeeper. Miss M'Kerrow, died next day. Strychnine was ascertained to be the cause of death, and enough of that poison to kill several people was found in the icing. Thomas Mathieson Brown, whose wife was a niece of Mr. Lennox, was arrested in connection with the crime. (6) At the pleading diet, the Procurator- Fiscal produced two medical certificates that the accused was of unsound mind and incapable of pleading to the indictment. It was insisted for the prisoner that he should be allowed to plead not guilty ; and the Sheriff reserved the matter for the consideration of the High Court. At the second diet on 18th March 1907, the Solicitor-General left it to (a) Medical Jihrisprudence, 1910, ii. 472. {h) Adam's Justiciary Reports, v. .312. LOCUSTA IN SCOTLAND 115 the Court to order an investigation as to tlie prisoner's mental condition. The defence objected, and moved that he should be discharged, as he had not been called upon to plead at the first diet. The Court repelled the motion, and found that it was inexpedient to hold a preliminary- enquiry into the panncl's state of mind. He then pleaded not guilty, and the trial proceeded. Evidence was led to prove that the pannel had bought an ounce of strychnine from a Glasgow chemist, and that the card and the address on the parcel were in his handwriting. Expert testimony was given to the eifect that he had suffered for years from chronic epileptic insanity. The Lord Justice-General (Dunedin) directed the jury to answer the following questions: — (l) Is the prisoner now insane? if not, (2) Did he send the poisoned cake ? and if so, (3) Was he insane at the time? The jury, by a majority, found the pannel to be then insane ; he was accordingly ordered to be detained during His Majesty's pleasure. Thus the question of his guilt or innocence remained undecided. A remarkable case which, owing to the self-effacement of the criminal, was never brought to trial occurred at Dalkeith, Mid-Lothian, in 19 11. (a) On 3rd February of that year Mr. and Mrs. Hutchison, Bridgend, on the occasion of their silver wedding, entertained a party of friends at a whist drive. After supper coffee was brought in by John Hutchison, the son of the house. Of the eighteen persons present he and three of the guests took none, the other fourteen, including John's fiancee, drank the coffee, were immediately seized with violent sickness, and quickly became prostrate. Medical aid was summoned, and after treatment all but two — Mr. Hutchison and Mr. Clapperton — recovered. Arsenic was ascertained to be the cause of death, and that poison was traced in the remains of the coffee as served. John Hutchison, who had been prompt in administering an emetic to the sufferers, attended (a) Dalkeith Advertiser, 9th, 16th, 23rd February ; 2nd March 1911. 116 LOCUSTA IN SCOTLAND the funeral of the victims. He was formerly assistant to his uncle, a chemist in Musselburgh, but though only twenty- four had retired, as appeared, upon his winnings on the Stock Exchange, and his motor car was a feature of the district. On the 14th Hutchison left Dalkeith, ostensibly to visit friends in Newcastle. Meantime the authorities discovered that a bottle containing arsenic was missing from the chemist's shop where he had been recently em- ployed ; there were other suspicious circumstances, and a fortnight after the tragedy a warrant was issued for his arrest. Descriptions and photographs of the wanted man were published broadcast ; he was tracked to London and from thence to Guernsey, where on the 20th he was dis- covered in a boarding-house under an assumed name. Questioned by a police-sergeant, he denied his identity and ran upstairs to his bedroom, pursued by the ofticer. Before the latter could close with him he swallowed the contents of a small phial which he had about him, and fell dead on the spot. An inquest was held, when it was found that death was due to prussic acid. Hutchison, so far from being a man of means, was heavily in debt, and had given way to drink ; if there was any financial motive for the commission of the crime it was not dis- closed, nor was any evidence as to his mental condition made public. The next crime to be considered was admittedly the work of a mind deranged. William Watson and his wife were charged at Glasgow in October 1912 with conspiring to murder their children, and with murdering two of them, by cyanide of potassium. (a) The wife pleaded insanity in bar of trial, and upon expert evidence by Drs. Devon and Parker she was ordered to be detained during His JMajesty's pleasure. In the husband's case it was proved that he, being a photographer, had obtained four ounces of cyanide, which his wife had persuaded the children to take. After (a) Official Sliorihaud Writers' Notes. LOCUST A IN SCOTLAND 117 medical evidence that Watson had long suffered from fixed delusions by which his mind was still affected, the judge (Lord Johnston) stopped the case, directing the jury to say whether or not upon the evidence the prisoner was of sound mind ; they found that he was insane, and he was ordered to be confined accordingly. The latest — it were sanguine to suppose the last — poisoning case tried in Scotland is that of John Saunders, gamekeeper, Gosford, Haddingtonshire, at Edinburgh in April 1913, for attempting to poison his wife. (a) It appeared from the evidence that Mrs. Saunders, who had long been in a neurotic condition, began to complain of her food having a strange taste, and displayed after eating symptoms suggestive of poisoning. She was attended by Drs. Gamble and Millar, who treated the case as one of hysteria. To the nurse and others Mrs. Saunders indicated certain articles of food and drink which she said had made her sick, and these were secured for examination. On analyses by Professor Harvey Littlejohn of marmalade, cream, and biscuit, the presence of strychnine was detected — the total quantity recovered being '323 of a grain. There was no proof of administering or tampering with food by the prisoner, or of his ever having had strychnine in his possession, nor was any motive for the crime alleged. For the defence, Drs. Martine and GuUand testified that Mrs. Saunders suffered from hypochondria, and Sir Thomas Clouston stated that an hysterical woman would do any- thing to excite sympathy — the theory of the defence being that the symptoms were simulated, and the poison intro- duced by Mrs. Saunders herself. The prisoner, who bore the highest character, gave evidence in his own behalf ; he had patiently endured for many years his wife's peculiar humours, and had never given or sought to give her poison. The jury, by a unanimous verdict of not guilty, acquitted him of the chargre. (a) Haddingtonshire Courier, 25th April 1913. 118 LOCUSTA IN SCOTLAND So much for the past ; with regard to the future a recent authority, in an entertaining chapter entitled " Comfortable Words about Poisoning," remarks : — " Everything goes to show that the poisoner of the future will not be a very dreadful person — at any rate, will not be a more dreadful person than the poisoner of the present, unless we credit in the future all the scientific acumen to the villain, and none to those engaged upon the side of justice. For this one dilemma will always remain to the poisoner. If he is ignorant entirely, sheer ignorance will hang him ; while, by as much as he knows anything, by so much will he be a marked man, upon whom suspicion will fall. "(a) In concluding this rapid review of four centuries of Scottish poisoning as recorded by various authorities, I am fully conscious of the injustice done to the more important and interesting cases by the compression which my scheme entails ; yet I venture to hope that such a survey, bringing together by name, date, and salient features the principal trials of the period covered, may, despite its obvious dis- advantages, subserve some useful end, (a) Physic and Fiction. By S. Squire Sprigge, London, 1921, p. 285. POISON AND PLAGIARY POISON AND PLAGIARY " It happens, unfortunately, that great crimes, leading to the discussion which they must necessarily do, are often followed by the committal of the same offence on the part of others ; and you will see how that comes out in a remarkable manner in this case." — Charge of the Lord Justice-Clerk. "jl/TENTION of the year 1857 reminds the general reader -^ -^ — that well-informed person — of the dark chapter in British history known as the Indian Mutiny. For the limited class versed in Scots criminal annals its association is with that most attaching of our causes celebres, the trial of Madeleine Smith. But even as the tale of the great revolt surpassed in public interest at the time many events other- wise sufficiently notable, so was the lustre of certain contem- poraneous malefactors quenched in the exceeding Ijrightness of the young lady of Blythswood Square. Between that brilliant damsel and the "hero" of the judicial drama which it is here proposed briefly to recall there would seem at first sight to be nothing in common, except their respective occupancy of the dock upon a charge of murder ; yet the baleful influence of her example upon the fate of the obscure country tailor is a curious and suggestive fact. Apart, however, from any borrowed liglit, the Eaglesham poisoning case is noteworthy as being the first trial in Scotland for murder by hydrocyanic or prussic acid, only two other cases of the criminous employment of that drug having previously occurred in England. The first of these was the trial of John Donellan on 30th March 1781 at Warwick Assizes, before Mr. Justice Buller, for the murder of his wife's brother, Sir Theodosius Boughton, at Lawford Hall, Warwickshire ; the second that of John Tawell on 12th March 1845 at Aylesbury Assizes, before Mr Baron Parke (Lord Wensleydale), for the murder of Sarah Hart at Sal thill, Slough, near Windsor. 121 122 POISON AND PLAGIAEY Donellan, a cashiered army captain who had married money and, in the popular phrase, hung up his hat, was con- victed of administering to his brother-in-law, a dissipated young baronet of twenty, in the medicine which the lad was taking for a specific ailment precociously contracted at Eton, a distillation of cherry-laurel leaves, commonly called laurel water, the alleged motive being that by his death his sister, Mrs. Donellan, would benefit to the tune of £2000 a year. The verdict has been disputed. The evidence was purely circumstantial ; the scientific testimony, as usual in those days, was regrettably vague, and the sole proof of the presence of any laurel water in the case at all was the statement of Lady Boughton that her son's medicine smelt like bitter almonds. Four physicians testified to their belief that Sir Theodosius died from the efi'ects of poison, but, for the defence, the celebrated Dr. John Hunter maintained that no such inference could be drawn from the symptoms and post-mortem appearances ; he attributed the death to natural causes, (a) Tawell, a benevolent and godly member of the Society of Friends, famed for his acts of charity, was convicted of poisoning with prussic acid, in a bottle of Guinness's stout, his devoted and unselfish mistress, to rid himself of the expense of a small quarterly allowance made to her, he being a married man in easy circumstances. His case, as we shall see, is in certain respects interesting with reference to that which we are about to consider.(6) In the village of Eaglesham, in the shire of Renfrew, some nine miles from Glasgow, there stood at the date in question a two-storey tenement, access to which was had by a close or entry common to the whole building. Upon the ground floor were two one-room houses, separated by the close which ran through the tenement to a garden behind, (a) The Trial of John Donellan, Esq. Taken in shorthand by Joseph Gurney, London, 1781. (b) Reports of Trials for Murder by Poisoning. By La thorn Browne and Stewart, London, 1883. Q W r/; -< W O w p w K H >^ P3 P W H-l Pi ;^ o o o r/J C« w W r=!5 Ml ^ <1 OS W K^ fa o O ^K, H w :^; o n < ^H (^ ^; w o K