The Dean of Faculty answered: "That is what we say, my lord, and what we propose to prove as the foundation of the defense. We cannot dispute the medical evidence which declares that Mrs. Macallan died poisoned. But we assert that she died of an overdose of arsenic, ignorantly taken, in the privacy of her own room, as a remedy for the defects--the proved and admitted defects--of her complexion. The prisoner's Declaration before the Sheriff expressly sets forth that he purchased the arsenic at the request of his wife."

The Lord Justice Clerk inquired upon this if there were any objection on the part of either of the learned counsel to have the Declaration read in Court before the Trial proceeded further.

To this the Dean of Faculty replied that he would be glad to have the Declaration read. If he might use the expression, it would usefully pave the way in the minds of the jury for the defense which he had to submit to them.

The Lord Advocate (speaking on the other side) was happy to be able to accommodate his learned brother in this matter. So long as the mere assertions which the Declaration contained were not supported by proof, he looked upon that document as evidence for the prosecution, and he too was quite willing to have it read.

Thereupon the prisoner's Declaration of his innocence--on being char ged before the Sheriff with the murder of his wife--was read, in the following terms: "I bought the two packets of arsenic, on each occasion at my wife's own request. On the first occasion she told me the poison was wanted by the gardener for use in the conservatories. On the second occasion she said it was required by the cook for ridding the lower part of the house of rats.

"I handed both packets of arsenic to my wife immediately on my return home. I had nothing to do with the poison after buying it. My wife was the person who gave orders to the gardener and cook--not I. I never held any communication with either of them.

"I asked my wife no questions about the use of the arsenic, feeling no interest in the subject. I never entered the conservatories for months together; I care little about flowers. As for the rats, I left the killing of them to the cook and the other servants, just as I should have left any other part of the domestic business to the cook and the other servants.

"My wife never told me she wanted the arsenic to improve her complexion. Surely I should be the last person admitted to the knowledge of such a secret of her toilet as that? I implicitly believed what she told me; viz., that the poison was wanted for the purposes specified by the gardener and the cook.




Most Popular