Madeleine was pursued, but by her family, not by the police, and was overtaken on board a steamer bound for Rowallan. Soon after her return to Glasgow the contents of her letters to l’Angelier were made public, and a post-mortem had been made. The body had been exhumed, and the suspicious appearance of the mucous membrane of the stomach, together with the history of the case, pointed to death by poison. The various organs, carefully sealed, were handed over to experts for analysis, and it may be well to state here the result of the medical examination.
Dr. Penny stated in evidence that the quantity of arsenic found in the deceased amounted to eighty-eight grains, or about half a, teaspoonful, some of it in hard, gritty, colourless, crystalline particles. It was probable that this was no more than half the whole amount the deceased had swallowed, for under the peculiar action of arsenic a quantity, quite half a teaspoonful, must have been ejected.
The chief difficulties in the case were whether anyone could have taken so much as a whole teaspoonful of arsenic unknowingly, and how this amount could have been administered. The question was keenly debated, and it was generally admitted that the poison could have been given in chocolate, cocoa, gruel, or some thick liquid, or mixed with solid food in the shape of a cake. This was not inconsistent with the conjectures formed that l’Angelier had met Madeleine Smith on the Sunday night.
The case against her became more formidable when it was ascertained that she had been in the habit of buying arsenic, but with the alleged intention of taking it herself, for her complexion. She was now arrested and sent for trial at Edinburgh, on a charge of poisoning l’Angelier. Her purchases of arsenic were proved by the chemist’s books under date of the 21st of February, and again on the 6th and 18th of March, this last date being four days before the murder.
It was also proved that she wanted to buy prussic acid a few weeks before her arrest. There was nothing to show that she had obtained or possessed any arsenic at the time of l’Angelier’s first illness, on the 19th of February. But it was proved in evidence that, on the night of his death, Sunday, the 22nd of March, l’Angelier had been seen in the neighbourhood of Blythswood Square, where the Smiths lived; again, that he had himself bought no arsenic in Glasgow.
Madeleine’s plucky demeanour in court gained her much sympathy; she never once gave way; only when her impassioned letters were being read aloud did she really lose her composure. She stepped into the dock as though she were entering a ballroom and although she was under grave suspicion of having committed a dastardly crime, the conduct of l’Angelier had set the public strongly against him, so that a vague feeling of “served him right” was present in the large crowd assembled to witness the trial. The case for the prosecution was strong, but it failed to prove the actual administration of poison, or, indeed, that the accused had met the deceased on the Sunday night.
The judge, in summing up, pointed out the grave doubts that surrounded the case, and the verdict of the jury was “Not proven,” by a majority of votes.
This result was received with much applause in court, and generally throughout Glasgow, although a dispassionate review of all the facts in this somewhat mysterious case must surely point clearly to a failure of justice. However, Madeleine triumphed, and won great favour with the crowd. The money for her defence was subscribed in Glasgow twice over, and even before she left the court she received several offers of marriage.
Since writing the foregoing I have had an interesting communication from a lady, who has told me the impressions of one who was present in court during the whole of Madeleine Smith’s trial. This gentleman was an advocate, trained and practised in the law, and according to his opinion, unhesitatingly expressed, there could be no shadow of doubt but that Madeleine was l’Angelier’s wife, by the law of Scotland. As he has put it, in Scotland two people who ought to be married can generally be joined together, and there was little doubt that the sanction of matrimony was needed for this connection. Both Madeleine and l’Angelier were in the habit of addressing each other as husband and wife. This explains l’Angelier’s insistence on the point that “so long as he lived Madeleine should never marry another man.”
The verdict of “Not proven” was brought in by the jury on the grounds that it was not established that the two had actually met on the Sunday night preceding l’Angelier’s last illness. Nevertheless, it is certain that a pocket-book of l’Angelier’s was offered as evidence to the judge, Lord Fullerton, who examined it, but ruled it out because it was not a consecutive diary and the entries had been made in pencil. This book was placed, after the proceedings, in the hands of the legal gentleman above mentioned, and he saw in it an unmistakable entry made by l’Angelier to the effect that he had been in Madeleine’s company on the Saturday night.