Part Two Paradise Regained Chapter 15 The Story of the Trial, The Preliminaries

THE DEAN OF FACULTY (Farmichael), } Counsel for the Panel ALEXANDER CROCKET, Esquire (Advocate),} (otherwise the Prisoner) MR. THORNIEBANK, W. S.,} MR. PLAYMORE, W. S., } Agents for the Panel.

The Indictment against the prisoner then followed. I shall not copy the uncouth language, full of needless repetitions (and, if I know anything of the subject, not guiltless of bad grammar as well), in which my innocent husband was solemnly and falsely accused of poisoning his first wife. The less there is of that false and hateful Indictment on this page, the better and truer the page will look, to my eyes.

To be brief, then, Eustace Macallan was "indicted and accused, at the instance of David Mintlaw, Esquire, Her Majesty's Advocate, for Her Majesty's interest," of the Murder of his Wife by poison, at his residence called Gleninch, in the county of Mid-Lothian. The poison was alleged to have been wickedly and feloniously given by the prisoner to his wife Sara, on two occasions, in the form of arsenic, administered in tea, medicine, "or other article or articles of food or drink, to the prosecutor unknown." It was further declared that the prisoner's wife had died of the poison thus administered b y her husband, on one or other, or both, of the stated occasions; and that she was thus murdered by her husband. The next paragraph asserted that the said Eustace Macallan, taken before John Daviot, Esquire, advocate, Sheriff-Substitute of Mid-Lothian, did in his presence at Edinburgh (on a given date, viz., the 29th of October), subscribe a Declaration stating his innocence of the alleged crime: this Declaration being reserved in the Indictment--together with certain documents, papers and articles, enumerated in an Inventory--to be used in evidence against the prisoner. The Indictment concluded by declaring that, in the event of the offense charged against the prisoner being found proven by the Verdict, he, the said Eustace Macallan, "ought to be punished with the pains of the law, to deter others from committing like crimes in all time coming."