Part Two Paradise Regained Chapter 16 First Question--Did the Woman Die Poisoned

The proceedings began at ten o'clock. The prisoner was placed at the Bar, before the High Court of Justiciary, at Edinburgh. He bowed respectfully to the Bench, and pleaded Not Guilty, in a low voice.

It was observed by every one present that the prisoner's face betrayed traces of acute mental suffering. He was deadly pale. His eyes never once wandered to the crowd in the Court. When certain witnesses appeared against him, he looked at them with a momentary attention. At other times he kept his eyes on the ground. When the evidence touched on his wife's illness and death, he was deeply affected, and covered his face with his hands. It was a subject of general remark and general surprise that the prisoner, in this case (although a man), showed far less self-possession than the last prisoner tried in that Court for murder--a woman, who had been convicted on overwhelming evidence. There were persons present (a small minority only) who considered this want of composure on the part of the prisoner to be a sign in his favor. Self-possession, in his dreadful position, signified, to their minds, the stark insensibility of a heartless and shameless criminal, and afforded in itself a presumption, not of innocence, but of guilt.

The first witness called was John Daviot, Esquire, Sheriff-Substitute of Mid-Lothian. He was examined by the Lord Advocate (as counsel for the prosecution); and said: "The prisoner was brought before me on the present charge. He made and subscribed a Declaration on the 29th of October. It was freely and voluntarily made, the prisoner having been first duly warned and admonished."