“The charge against the prisoner was Murder. This was communicated to him before he made the Declaration. The questions addressed to the prisoner were put partly by me, partly by another officer, the procurator-fiscal. The answers were given distinctly, and, so far as I could judge, without reserve. The statements put forward in the Declaration were all made in answer to questions asked by the procurator-fiscal or by myself.”
A clerk in the Sheriff-Clerk’s office then officially produced the Declaration, and corroborated the evidence of the witness who had preceded him.
The appearance of the next witness created a marked sensation in the Court. This was no less a person than the nurse who had attended Mrs. Macallan in her last illness—by name Christina Ormsay.
After the first formal answers, the nurse (examined by the Lord Advocate) proceeded to say:
“I was first sent for to attend the deceased lady on the 7th of October. She was then suffering from a severe cold, accompanied by a rheumatic affection of the left knee-joint. Previous to this I understood that her health had been fairly good. She was not a very difficult person to nurse when you got used to her, and understood how to manage her. The main difficulty was caused by her temper. She was not a sullen person; she was headstrong and violent—easily excited to fly into a passion, and quite reckless in her fits of anger as to what she said or did. At such times I really hardly think she knew what she was about. My own idea is that her temper was made still more irritable by unhappiness in her married life. She was far from being a reserved person. Indeed, she was disposed (as I thought) to be a little too communicative about herself and her troubles with persons like me who were beneath her in station. She did not scruple, for instance, to tell me (when we had been long enough together to get used to each other) that she was very unhappy, and fretted a good deal about her husband. One night, when she was wakeful and restless, she said to me—”
The Dean of Faculty here interposed, speaking on the prisoner’s behalf. He appealed to the Judges to say whether such loose and unreliable evidence as this was evidence which could be received by the Court.
The Lord Advocate (speaking on behalf of the Crown) claimed it as his right to produce the evidence. It was of the utmost importance in this case to show (on the testimony of an unprejudiced witness) on what terms the husband and wife were living. The witness was a most respectable woman. She had won, and deserved, the confidence of the unhappy lady whom she attended on her death-bed.
After briefly consulting together, the Judges unanimously decided that the evidence could not be admitted. What the witness had herself seen and observed of the relations between the husband and wife was the only evidence that they could receive.
The Lord Advocate thereupon continued his examination of the witness. Christina Ormsay resumed her evidence as follows:
“My position as nurse led necessarily to my seeing more of Mrs. Macallan than any other person in the house. I am able to speak from experience of many things not known to others who were only in her room at intervals.