Similar questions were next put to the nurse, and were all answered by this witness also in the negative.
Here, then, in spite of the negative answers, was the plan of the defense made dimly visible for the first time to the jury and to the audience. By way of preventing the possibility of a mistake in so serious a matter, the Chief Judge (the Lord Justice Clerk) put this plain question, when the witnesses had retired, to the Counsel for the defense:
“The Court and the jury,” said his lordship, “wish distinctly to understand the object of your cross-examination of the housemaid and the nurse. Is it the theory of the defense that Mrs. Eustace Macallan used the arsenic which her husband purchased for the purpose of improving the defects of her complexion?”
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 charged 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.