^^^H-^'<^ -J^,Jm :*rs« v-^ar CORNELL UNIVERSITY LIBRARY THIS BOOK IS ONE OF A COLLECTION MADE BY BENNO LOEWY 1854-1919 AND BEQUEATHED TO CORNELL UNIVERSITY Cornell University Library arV17556 Trial of Miss IMadeline Smith, in the Hig 3 1924 031 265 915 oiin.anx Cornell University Library The original of this bool< is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924031265915 TRIAL MISS MADELINE SMITH JNIHE HIGH COURT OF JUSTICIARY, EDINBURGH, ON THE CHARGE POISONING. JUNE 30-JULY 9, 1867. REPRINTED, WITH COEEECTIONS AND ADDITIONS, FEOM " THE SCOTSMAN." EDINBURGH: SCOTSMAN OPFICB, 267 HIGH STREET. McceiiVii. TEIAL MISS MADELINE SMITH BBFOEE THE HIGH COUET OF JUSTICIARY. FIRST DAY.— Tuesday, June 30. The High Court of Justiciary met at ten o'olook this morning for the trial of Miss Madeline Smith, charged with the murder of M. Emile or Pierre Emile L'Angelier. The Judges present were — the ,Iiord Juetioe-Clerk, Lord Ivory, and Lord Handyside. Lord Cowan also occupied a seat upon the bench. The doors ; of the Court were besieged, at, an early hour in the morning, but before the general public were admitted, nearly all the arailable space in the interior was appropriated by those provided with tickets of admission, and otherwise privileged to be present. The excitement which prevailed among the andienoe became intense as the hour of pommencement drew on, . and the utmost intei^est was manifested to catoh a glimpse of the prisoner as she stepped into the dock. She appeared about half-past ten o'olook, accQm- pan^ed by two policemen and a female attendant, and topk her seat with the most perfect self-possession. She is probably about twenty years of age, lady-like in 2 appearance, of middle height and fair complexion, and wore a brown silk dress and straw bonnet trimmed with white ribbon. Her features wore an expression indica- tive of extraordinary nerve ; and it was only by those nearest to the dock that any difference could be seen in the manner of the prisoner from that of the surrounding spectators. Throughout the entire proceedings the prisoner manifested the same composure, paying never- theless the closest attention to every item of the evidence. The indictment charged Madeline Smith, or Madeline Hamilton Smith, with wickedly and feloniously adminis- tering arsenic, or some pther poison, with intent to murder, as also with murder, in so far as, 1st, on the 19th or 20th days of February last (Thursday or Friday), in the house in Blythswood Square, Glasgow, occupied by James Smith, her father, she did wickedly and feloniously administer to, or cause to be taken by, Emile L'Angelier or Pierre Bmile I/Angelier, now deceased, and then or lately before in the employment of W. B. Huggins & Co., merchants, Bothwell Street, Glasgow, as i clerk or in some other capacity, and then or lately before residing with David Jenkins, a joiner, and Anne uthie or Jenkins, his wife, in Franklin Street, Glasgow, a quantity or quantities of Eu:senici or other poison to the prosecutor unknown, in cocoa or coffee, or some other article or articles of food, or of drink, to the prosecutor unknown, or in some other manner to the prosecutor unknown, with intent to murder the said Emile L'Angelier, and that he having taken the said arsenic or other poison, or part thereof, so administered or caused to be taken by her, he did, in consequence thereof, and immediately or soon after taking the same, suffer severe illness; 2d, on the 22d or 23d February (Sunday or Monday), in the house at Blythswood Square aforesaid, she did administer, or cause to be taken by, the said Emile L'Angelier, a quantity or quantities of arsenic or other poison in cocoa or in coffee, or in some other article of food or drink, or in some other manner, with intent to murder him, and that in consequence of taking the said poison that he again suffered severe illness ; and, 3d, on the 22d or 23d March (Sunday or Monday), in the houae in Blythswood Square aforesaid, she did administer to, or cause to be taken by, the said Bmile L'Angelier, in some other article or articles of food or drink to the prosecutor unknown, or in some other manner to the prosecutor unknown, a quantity or quantities of arsenic or other poison to the prosecutor unknown, and the said Emile L'Angelier having taken the said arsenic or other poison, or part thereof, administered or caused to be taken by the prisoner, he did immediately or soon after suffer severe illness, and died on the 23d March, in consequence of the said arsenic or other poison having been so taken by him, and was thus murdered by the said Madeline Smith. There appeared on behalf of the Crown: — The Lord Advocate, the Solicitor - General, and Mr Donald Mackenzie, Advocate-Depute ; Mr Brodie, Crown Agent. For the defence there were : — The Dean of Faculty, Mr George Young, and Mr A. MoncriefF, advocates. The agents for the defence were : — Messrs Eanken, "Walker, & Johnston, "W.S., Edinburgh ; Messrs Monorieff, Pateraon, Forbes, & Barr, Glasgow; and Mr John "Wilkie, of Messrs WiUrie & Faulds, Glasgow; Mr Young took an objection to the words " or cause to be taken," in the first and second charges of the indictment, on the ground that if they were' precisely equivalent to the word " administer" they were super- fluous and objectionable on that ground, and that if they meant anything different they were not covered by the major portion of the indictment. The XoED Advocate said the words were not material in any way. They were substantially an interpretation or enlargement of the word administer, and if they were objected to he would strike them out. The words having been struck out accordingly, The prisoner was called upon to plead to the indict- ment, when she pleaded " Not guilty," in a distinct and unshaken tone of voice. Owing to the absence of Dr Fenny, an important witness from Glasgow, considerable delay was occasioned. Dr Penny arrived at a quarter past twelve, and, by a2 the order of the Lord Juatice-dirlc, was called into Court. . The Lord 3vsno±-CLmK, addressing Dr Penny, informed him that he had kept the Court waiting for two hours, and inquired whether he had not been cited for ten o'clock? Dr Peniiey replied that he had heen so cited, hut was not aware that it was necessary for him to be so soon. The LoBD Justice-Clerk told him that by absenting himself he had been guilty of great contempt of Court, and that he had no right' to judge of' the time when he would be required. Sis Lordship added that, from Dr Penny's character, they could not stfppose for a moment that this was anything else than a singular disregard of the orders and form's ' of citation ; ' arid he trusted that this exposure would be sufficient to prevent a repetition of 'anything of the sort. The following jury was then empanelled : — • James Christie, farmer, Hailes. James Pearson, farmer, Worthfield. James "Walker, farmer, Kilpunt. Charles Thomson Combe, merchant, York Place. "William Sharp, Auckland Villa. Archibald "Weir, bootmaker, Leith. Charles Scott, ShakspBarB Square. Alex. Morrison, currier, Liriliihgovr. Andrew ."Williamson, clerk, Parkside Place. Hugh Hunter, cabinetmaker, Circus Place. ' Robert Andrew, cowfeeder, Wether Liberton. George Gibb, shoemaker. Glover Street, Leith. "William Moffat,'^ teacher, Duke Street. ' David Forbes, Scotland Street. Alex. Thomson, Torphiohen. The trial then proceeded. Mr Arehibald Smith, 'Sh^JjjJf-Sjib^stitute of Lanark- shire, examined by th6"LoBD IAdVooate, was the first witness called. He said — I know the panel. She was judicially examined before me, and emitted a declaration on the 31st March. Identified several letters itnd enveloji^B hiiJKled up. There were just 6 tour letters in all, She was examined on the oWge of murder before her declaration was emitted. - The greater part of the questions at the examination were put by me. The statements made in the declara- tion were all given in answer to questions. The answers were given clearly and distinctly. , There was no appear- ance of hesitation or reserve. There was a great appear- ance of frankness and candour. The declaration is of considerable length. Mr Gem-ge Gray, clerk in the Sheriff-Clerlt's Office, Glasgow, stated that he was present when the declaration was emitted by the panel. Ann Duthie or Jenkins, examined by the LoBD ADVO- CATE ^~ I am the wife of David .Jenkins, and live at No. 11 Franklin Place, Glasgow. I knew the late M. L'Angelier. He lodged in my house. He first came to me about the end of July. He remained in my house a lodger until his death. His usual habits were civil ; but he was in the habit of staying out at night ; not very often. He enjoyed general good health. Becollect his having an illness somewhere about the middle of Februaiy. That was not the first serious illness he had had since he came to lodge with me ; he had one eight or ten days before. One night he wished a pass- key, as'Jie thought he would be out late. I went to bed, and did not hear liim come in. I knocked at his door about eight in the morning, and got no answer. 1 knocked again, and was answered, "Come in, if you please." The witness was here removed, and The JjOED Advooate preferred a request that the Court would allow the medical witnesses to hear that part of the evidonce^ijpscEiptive of the symptoms mani- fested by M. L'-4ngeli9(;before his death. The Dean of Faeulty said the proposal had taken him by surprise, and that,- had notice been given, he might have acceded to the request, but in the circumstances he could not do so. .^ • A3 The Coiirt, seeing that both parties! would not consent, refused to admit the medical gentlemen. , Ann Duthie or Jenkins was recalled and con- tinued — I went into M. L'Angelier's room. He said, "I have been very unweU ; look what I have vomited." I said I thought that it was bile. It was a greenish substance. There was a great deal of it. It was thick stuff, like gruel. I said, ""WTiy did you not call upon me ?" He said that while on the road coming home he was seized with a violent pain in his bowels and stomach, and when he was taking off his clothes he thought he should have died upon the carpet, and no human eye would have seen him. He was not s.bl';, he said, to ring the bell. He asked me to mak? a little tea, and said he would. not go out. I emptied what he had vomited. I advised him to go to a doctor, and he said he would. He took a little breakfast, and then went to sleep until nine o'clock — about an hour. I went back to him then. He said he was a little better, and he would go out. He had got some tea by this time. Mr Thuau, who also lodges in my house, saw him. He rose between ten and eleven o'clock. His place of business was 10 Bothwell Street, at Messrs Huggins'. It is two streets off. He said he was going to call on some lady on his way there. After going out he returned about three in the afternoon. He said he had been at the doctor, and brought a bottle in with him. He took the medicine, and complained of being very thirsty. "When he returned at three o'clock he still complained of being thirsty, but not so much as at first. Tlie' illness made a great change in his appearance. He looked yeEow and dull, and not what he used to be. Before that his complexion was fresh. He became dark under the eyes, and the red of his cheeks seemed to be more broken. He complained of cold after he came in — of being very cold. He lay down upon the sofa, and I laid a railway rug over him. I did nothing for his feet. He never was the same after this illness. He got a little better. WTien asked how he felt he was accus- tomed to say, "I never feel well." I have nothing by which to remember the date of this first illness^ I think the second was about the 22d February. On a Monday morning about four o'clock he called me. He was vomiting. It was the same kind of stuff as before, in colour and otherwise, but there was not quite so much of it. He complained on this occasion likewise of pain in the bowels and stomach, and of thirst and cold. I did not know he was out the mght before. He did not say anything about it, I put more blankets upon him, put jars of hot water to his feet, and made him ' tea. I gave him also a great many drinks — toast and water, lemon and water, and such drinks. That was because he was thirsty. I called again about six in the morning. He did not rise until the forenoon. He had bought a piece of meat for soup f rpm one Stewart in St George's Bead, on Saturday the 21st. He kept a pass-book into which he entered these things. The date of the pass-book enables me to remember this. ^[Identifies the pass-book.] I see the piece of meat of 7 lb. weight entered on tlie 21st February. E«eoUeot that this meat was sent home on the Saturday before this second illness. Dr Thomson came to attend him. He came on Monday. Thuau went for him. It was in the forenoon when the doctor came, but I don't remember the hour. The doctor saw L'Angelier, and left a, prescription for powders, which I got. L'Angelier was about eight days in the house at that time, away from his office. He took one or two of the powders, but I don't know whether he took the rest. He said they were not doing him the good he expected. He said that the doctor was always saying that he was getting better, but he did not feel well. Dr Thomson came frequently to see him. He used often to say that he did not feel that he was getting better. Some time after this, he went to Edinburgh. I don't remember the date of his going. He was, I think, about eight days at Edinburgh. Recollect his coming back ; it was, I think, a Tuesday. Mr Thuau told me about four o'clock of the same day that that L'Angelier was coming back that evening, and I got in some bread and butter for him. [Identifies L'Angelier's pass-book containing account with Chalmers, a baker, St George's Boad.] The entry for the bread is 8 on the 17th March. He returned that night about half- past ten. He was in the habit of receiving a great many letters, but I thought they were addressed in a gentleman's hand. There were a great many letters in the same hand. Sometimes they came in yellow, and sometimes, I think, in white; envelopes. [Indemtifies some of the white enve- lopes ; identifies, also, some of the yellow envelopes, but isnot so sure of them as of the white.]! He never told me whom these letters were from. Remember seeing the photograph of a, lady lying about his chamber. [Identifies the photograph.] I said, " Is that your intended. Sir ?" He saidj "Perhaps, some day." I never thought- the letters came from a lady. M. L'Angelier never said any- thing jbo me about taking in these letters. Knew from M. L'Angelier that he expected to be married. About the end of Septeiliber 1856 he wished to engage a dining-room and bed-room. He told me that he was going to be married in March, and he would like me to take him in. I did not agree to do so. There was one time I said it would be a bad job for him to be ill if he got m&,rried, and he said, "You'll not see that for a long time." When he came home on the 17th March he asked if I had any letter for him ; I said No. He seemed to expect a letter, and to be disappointed at not finding it. He stopped at that time until the 19th. Before he went away he said that any letters that came were to be given to Thuau, who would address them. He said he was going to the Bridge of Allan. He went away about ten o'clock in the morning. A letter came for him upon the 19th. It was like the letters which had been in the habit of coming, and 1 gave it to Mr Thuau. I don't remember of any letter on the Friday, but there was one on the Saturday more like a lady's handwriting. I also gave this to Mr Thuau. M. Angelier said he would not be home until Wednesday night or Thursday morning next week. He was very much disappointed at not getting a letter before he went away; and he said, "If I get a letter perhaps I will be home to-night." He said he was going to the Bridge of Allan. I don't know whether he went anywhere else before going to the Bridge of Allan. [Identifies Rn mvelope as like ths one which came on Saturday, but 9 could not speak as to another which was shown.] I next saw ^'Angelier on Sunday night about eight o'clock. Was surprised to see him so soon. He said the letter sent hadbrought him home, and on his asking when it oame I told him that it oame on Saturday afternoon. He said he had walked fifteen miles, but did not say where he had come from. I understood he had been at the Bridge of Allan. He said he intended to go back to-morrow morning, and desired to be called early. Do not remember whether he said he was going back to the Bridge of Allan. I think I only understood that. He looked much better, and, on being asked, said he was a great deal better, and all but well. He went out that night about nine o'clock. Before going out he said, "If you please, give me the pass-key, for I am not sure but I may be late." He told me to call him early in the morning to go by the first train. He did not say what hour, but I thought it would be between seven and eight o'clock. It was about half -past two in the morning, as far as I can remember, when I next saw him. He did not use the pass-key in coming in, but the bell rang with great violence. I rose and asked who was there, and H. L'Angelier answered, " It is I ; open the door, if you please." WhenI opened the door he was standing with his arms across his stomach. He said, "I am very bad; I am going' to have another vomiting of that bile." The first time I saw the vomitings I said it was bile. He said, " I never was troubled with bile." He said he thought he never would have got home, he was so bad on the road. He did not say how he had been iU. He did not say whether it was pain, or whether he had been vomiting before he came up. The first thing he took was a little water. I filled up the tvimbler, and he tried to vomit. He wished a little tea. I went into the room, and before ha , v^s half undressed, he was vomiting very severely. It was the same kind of matter as I had seen before. . There was a Ught at the gas. The vomiting was attended with great pain. I asked whether he had been taking nothing to disagree with his stomach; he said, "No, I have been taking nothing, ,and had bjeen very well since I was at the Bridge of Allan." I said, " You 10 never took any medicine, Sir?" He said, "I don't approve of medicine." He was chilly and cold, and wished a jar of hot water to his feet, and another to his stomach. I got these for him, and three oi four pairs of blankets and two mats. He got a little easier, but. about four o'clock he became worse ; and on my proposing to go for the doctor he said he was a little better, and that I need not go so soon in the morning. About five o'clock he again got worse, and his bowels became bad. It had only been vomiting up to this time. I said I would go to the nearest doctor — Dr Steven. He asked what kind of a doctor he was, and told me to go and bring him. I went for Dr Steven at five o'clock, I think ; he said he could not come so early, bat told me to give him twenty-five drops of laudanum, and put a miistard-blister on his stomach, and said that if he did not get better he would come. When I came home, I told M. L'Angelier what the doctor had said. He answered, " I never could take laudanum ;" and as for the plaster, I could not put it on. But I gave hiin more hot water. He then began vomiting freely, and got a little better. His bowels and stomach still continued bad, and about seven o'clock I noticed he was dark about the eyes. I said I would go back to the doctor,' and if I did not get him to come, I would go on to the next. He said he wished I would. I visited Dr Steven, and he followed immediately. L'Angelier was anxious to get th^ doctor by that time. Dr Steven came a little after I returned, and I brought the doctor into the room, and he ordered mustard isome- diately. So I left the room to get the mustard. I did not hear the doctor ask L'Angelier what was the matter with him. When the doctor came in, I said, "Look what he vomited." He said the smell was sour, and that it was making him faintish. I don't remember L'Angelier saying anything about his illness. I was a, good deal out of the room. ' I got the mustard, and the doctor said he would put it on and wait twenty minutes or so to see how it would do. He gave him a little morphia, too. I think the doctor would be in the room with his patient about half-an- hour. When I went into the room again, when I 11 was putting the jar of hot water to his stomaoh, L'Angelier said that was the worst attack he had ever had, and I said I thought it was. " I feel something here," he then said to the doctor, pointing to his forehead. "It is not perceptible," replied the doctor, "it must be inwardly, for I do not see any- thing wrong." I asked the doctor whether there was anylning else I could do for L'Angelier. He said time and quietness were what were wanted. I then signed to the doctor to come and speak to me. He went out of the ii)om, and I asked him " "What is wrong with him?" He said, " Is he a person that tipples ?" I said, " No, quite the opposite — what is wrong with him? He is very unlike a person that tipples, I said. Is it not strange that he should go out quite well, and come back badly ? Can you teU me the cause of it?" " I will give you an explanation afterwards," returned the doctor. I opened the door for the doctor when he went away, and he said he would be back between ten and eleven. I went back to L'Angelier, and when he saw me he asked what the doctor had been saying to me, for he saw him go out of the room with me. I said, " The doctor says you win get over it." He put the question to me again, and I made the same answer. " Oh," he said, " I am far worse than the doctor thinks." I stayed tiU about nine o'clock. I am not positive, but I think it was about that hour. He looked bad. I thought he was very ill. He said, " If it would not be putting you to too much trouble, I would like to see Miss Perry." He told me her address. I think it was Back Street, but I don't remember the number ; or maybe Benfield. Was it 144 Benfield Street ? I don't recollect. I never saw the lady. I sent for her and she came. Before she came I went in and out of his room three or four times. He said, "If you please, draw these curtains. Oh, it I could but get five minutes peace I think I would be better." These were the last words I heard him speak. I left him then, and I came back in five or ten minutes. I went quietly into the room. He did not speak, and I went quietly out again, thinking he was asleep. The doctor came npt above five or ten 12 minutes after. He said, "How is your patient." I said, " He is only over asleep, it is a pity to waken him." The doctor said he would like to see him. We then went into the room together. Thfe doctor felt his pulse. He raised his head, aud'it fell down again. "I'said, "Is there anything wrong ?" He said, "Draw those cutifeins,'' and i did so. M. L'Angelier was dead. Do you' think you have told us all M. L'Angelier Said to you that night ? — AU I can remember. I did not ask him where he had been. I had no reason to know or suspect where he had been ; but I knew from the time that he told me he was going to be married that he was receiving private corre- spondence, but I did not know from wKom. AV^as that the reason why you did not ask him where he had been that night?- — Yes. Miss Perry came, but she was too late. I sent my little boy to Mr Clark, another lodger. Mr Clark came, and Mr Chrystal, who keeps a druggist's shop. Mr Stevenson came, but not at that time. Mr Chrystal Went into the room and shut his eyes. The body'was still lying on the bed. He said he would send to his employers ; but Mr Menzies, the undertajirer, came first, then Miss Perry, then Mr Stevenson, and I think Mr Thuau came too, and Dr Thomson. Stevenson is one of the young men in Huggins' employ - ment. When he came I told him- 1 wished him to look up what belonged to L'Angelier, and he did so. The clothes he took off at night were laid on the sofa. He took a letter out Of his pocket, and some person'-^I don't remember whom — said, " This explains all." I saw the letter and said, " That is the letter that came on Saturday." Thuau a;nd Stevenson and, I think, Mr Kennedy and Dr Thomson were there. I can't say whether it was Stevenson or Thuau who said " This explains all." I think it was Stevenson. I recognised the letter that had come on thi? Saturday, and said so. Stevenson looked Up the things. At that time I don't remember anything being said as to having an examination. He was coffined the night he died/ and I think they examined the wardtobe that night. ' But there was no examination of- his body till, I think, Veduesday, Till Stevenspn locked them up, everything 13 was left as L'Angelier died. .When L'Angelier oarae from Bridge of AEan the night before he ied, I can't say whether he wore a coat or jacket ; but it was closely buttoned and «hort, and t remember seeing a handker. chief in it. He wore a Glengarry bonnet on his head. I did not see him go out ; he had a bonnet on when he came baibk, but I can't say if it was the same. On his illness when he vomited so much, he had always bowel complaint. Cross-examined by the Dean — One illness was oil the 22d February ; tjiere was an illness before that, but I can't say its date ; it might be eight or ten days before the illness of 22d February, but I cannot ,Bp6ak to it. The first illness was a great deal worse than the second. I think it was in January he first complained of ill health ; he first complained of his tongue, then a boil came. out on his neck, and shortly after that another boil ; , that was iti January. On these illnesses I suggested that it was bile that was the matter with him, I was . troubled with that myself, and my symptoms were some- thing the same as his, but not so violent. On these occa- sions there was a good deal of purging as well as vomiting. As to the illness of the 22d February, he dined at honie , on the Sunday. On the Saturday night he said he did not intend to go out next day ; he said he was not ve?y well. He was taking fresh herring on the Saturday ; I thought that was against him. I said I did not hink herring good for him at that time of the year., He made a sauce of vinegar and egg, and I said that was not good for him. He was also, I thought, using too many vege- tables. He said that when he was at college in France he used a good many vegetables. I have no recollection of his going out on the Sunday. I don't remember his asking me for the check-key. I think I would have recollected if he had done so. I can't bring it to my recollection whether he was out that night. He was confined to the' house eight days after that Sunday ; he was only out one?, about the 23d or 24th. , I don't remember him being out of tener. Dr Thomson continued to visit him during these eight days that he was in the house. After his first illness, he brought home medicines 14 with him ; the,, doctor wrote a [prescription, and I sent for the powders ; but I never recollect hiin bringing more. There were eight bottles in his room after his death ; in one there was laudanum, and in another there was something which appeared to be rhubarb. The authorities got the bottles away. I think !Mr Murray was one of the parties who took them, and Mr Stevenson. I don't recollect when theyfot them. It was some days after his death. I think it was more than a week after, but I am not sure. I was in the room when they took them away. Mr Murray put some questions to me, but I do not recollect what they were. When L'Angelier went to the Bridge of Allan, he said if there was a letter he would be back perhaps that night. That was Thursday night. A letter did come, and it was sent after him by Mr Thuau, but he did not come till Saturday. I don't remember a letter coming on Friday, but one came on Saturday between three and four : it was readdresaed by Mr Thuau and sent off; that would be about sis o'clock when he came in to dinner. I think it came by the last post before dinner. He said he was a little better when he came from Edinburgh, but I knew a greater difference on him when he came from Bridge of Allan ; he looked very much better. When he came on Sunday evening from Bridge of Allan he took some tea and a slice of cold toast, but nothing else. I did not see him go out ; I knew he was at the water-closet before he went out ; I did not see the dress he wore when he went out. I did not observe what he had on when he came home at two in the morning. The gas was out in the lobby, and when he went into the bed-room he was half undressed. He did not say that he had vomited on the way home ; he vomited a great deal the morning that he died — ^the chamber-pot was quite full, and he vomited a very little after I emptied it ; be was also purged twice— once before the doctor came, and once after. After sending for the doctor, I gave him hot water that made him vomit, and he was a good deal better after that ; the chamber-pot was not emptied till after the doctor came. Before I went for the doctor he 15 said he would go to tlie water-closet, but I would not allow him, and I said I would keep what he had vomited, and let the doctor see it. Among the things the doctor suggested I should give him was laudanum. There was laudanum in L'Angelier's press, but he refused to take it, and said he never could take it ; " Besides," he said, " it is not good, it has been standing without a cork." After the doctor's visit, I told him the doctor said he would get over it. The doctor said so to me. I had asked Tiim particularly, and he said he would get over it the same as before. On the morning of his death I remember him complaining about his throat being sore. The doctor gave him some water, and he said it was choking him, or that it was going into his chest. I don't know whether his throat was sore. When he was in bed that morning he had his arms always out on the bed-clothes; I don't remember his hands being clenched ; his right hand was clenched when he died. I think Miss Perry came that morning about ten ; when she came in I said, " Are you the intended ?" and she said " Oh, no, I am only a friend." When he asked me to send for Miss Ferry, I supposed she was his intended. I told her he was dead ; and she seemed very sorry. Her grief was very striking ; she seemed very much overwhelmed, and cried a great deal. I was surprised at the excess of her grief. By the Court — The message I sent was that M. L'Angelier was very bad, and that she should come as soon as convenient. > By the Deait — I don't recollect if she asked to see the body, but I took her in and showed it to her. When she told me she was not the intended, I said I heard he was going to be married, and how sorry the lady would be. When she went into the room, she kissed his forehead several times. She was crying very much. Mr Scott, the undertaker, was present at this time, and I think my sister also. Miss Perry said how sorry she was for his mother. I don't remember her saying she knew his mother. M. L'Angelier had two wooden writing-desks in his room. I did not see the letters taken away ; some' of the clothes I knew about, but not 16 the letters. , I was not in the room when, the oMoffs seVrohed' his ' boxes and clothe?." They rung the bell,, arid said they wanted to , search, them, and then said, "i'tiat is all that is required." I don't recollect any ladies calling on M. L'Angelier ; one' old lady called with her husband, and took tea with liim. Sometimes there were messages from other ladies. When he was ill, there was a jar of marmalade, sent, and some books, and a card along with it. On the card was. " Mrs Overton," , - About the end of August or beginning of September he tolil me he had ah illness. He said his bowels had been very bad, and that he had not been in bed all night. That waS;the same night there wa,s'a fire in Windsor Terrace. Re-examined by the LOED Advocate— ^Shown a gray- coat and Glengarry bonnet— these are his clothes. ' He : had two or three Glengarry caps the same as this. Shown a small leather portmanteau. Witness identified it as his. T'f'hen I said to Miss Perry how sorry the lady wovJd be to, whom he'was to be married, she said not to say much about it, or anything about it — I don't reqoUect which. Shown a small morocco leather bag, and identified it as having' been taken to Bridge of Allan by M. L'Angelier. By the CouBT — ^When I asked ' if he had taken any- thing which had disagreed with liim, I meant, had he taken anything at the Bridge of AUan which disagreed with him. I did not refer to his taking anything that night. I said, had he taken anything when he was away that disijgreed with him ? and he said, No ; he never felt better than when he was at the country. I did not ask him where he had been that night, because I thought he had been visiting his intended. My husband was from home, and only saw him once, at the New- Year time. The two letters whioh came on the ,. Thursday and Saturday were readdressed by Mr Thuau. I gave them to him whenever they were delivered. The second letter I took into the bed-room, and put it on the glass. I noticed that it was very nte a lady's hand- writing. Could not identify which letter it was that came ,qn Saturday. I paid no attention to the one that caiBe on Thursday. , , 17 , By the Dean of FAonLTT— Wliile IVAngelier was lodging with me, I was from home for six weeks— the end " of August and the whole of September. By the Coubt— M. Thuau had been away in Edinburgh ' from the Saturday before L'Angelier's death. James Heggie, examined by the Lord Advocate— I am salesman to Mr Chalmers, balcer, Sb George's Boad. Shpwn pass-book between Mr Chalmers and L'Angelier ; und6r date 17th March there is an entry of some bread and butter got for L'Angelier on that day. Jdhn Stewart, flesher, St George's Eoad, examined by the Lord AIjvooaiIe — ^Identified his pass-book with M. L'Angelier. On 21^t February there is an entry of 7 lb. of beef, which was sent to M. L'AngeUer on that day. Catherine Bohertson, Ibdging-house keeper. Elm Row, Edinbiirgh, by the Lord Advocate — I remember about the 10th March a gentleman coming to my house for lodgings. He was a foreigner. He did not tell me his name, but I saw " Mr L'Angelier" on his portmanteau. He came on the 10th March, and left on the 17th. He said he had come from Glasgow, and that he was going to the Bridge of Allan. He appeared to be in very good health, but he told me he had been an invalid. He was* in good health when he left me. Peter Pollock, stationer, Leith Street, Edinburgh, examined by the Lord Advocate — I knewM. L'Angelier. I remember seeing him on the 19th March last. He had come from Glasgow that day. He called at my shop in Leith Street. He said he had come from Glasgow for a letter which he expected to find at the Post Office in Edinburgh. Iknewhdhad been living in Mrs Kobertson's for a week before ; he told me so. He did not find the letter. He left Edinburgh on the day I saw him, about a quarter past four, for the Bridge of Allan. By the Dban-^I saw him about two o'clock. He said he had come straight from Glasgow, and for the purpose of receiving a letter. He said there was no letter— he 18 told me this again. I saw him first at two ; and then in about half-an-hour afterwards he returned and said there was no letter. He left my shop about three o'clock, and said he was going to the Bridge of AUan. This was on a Thursday. Mrs Jcme Bayne, Bridge of Allan, examined by the LoED Advocate — I recollect M. L'Angelier coming to my house on Thursday the 19th March between five and »ix o'clock in the evening. He wanted lodgings, a.nd took them in my house ; he stayed till Sunday. I recollect his having a small leather bag with him ; he seemed to be in good health and spirits, and took his meals well. He left on Sunday just after two o'clock. I did not hear him say why he left. He had intended staying longer. C!ia/rles Neil Snalierfotrrd, Bridge of Allan, examined by the Loed Advocate — I was postmaster oi Bridge of Allan in the beginning of the year. Shown envelope addressed " M. L'Angelier, Post OfSce, Bridge of Allan." I don't recollect this letter ; but it must have come to the office on the 22d March. 1 don't remember to whom it was delivered. 1 recollect a gentleman leaving a card with the name L'Angelier upon it ; that was about the 2(Uh. I gave that letter to him when it was called for. By the Dean — I can say nothing about the letter except from the postmark ; it has the Glasgow postmark, and the Bridge of Allan postmark ; all that is on it is "Bridge of Allan, 22d March 1857;" the letters on the stamp signify that it arrived at half-past ten in the morning ; that letter would leave Glasgow about seven A, u. WUlia/m Fairfowl, guard of the Caledonian Bailway — 1 was the guard of the train which left Stirling in the afternoon of the 22d March last ; it left Stirling at half -past three. A gentleman, apparently a foreigner, travelled by that train to Glasgow, I did not know his name at the time, but I »know it now. Shown a photograph of M. I/Angelier. I recognise this as a likeness of the gentleman. He went in the train from Stirling to Coatbridge, the nearest part to Glasgow. I asked if he 19 wanted a machine, and he said Ko, he was hungry and wanted to be shown a place where he could get something to eat ; he said he was in no hurry to Glasgow, if he got in at night. There was a Mr Boss, an auctioneer, who came from Stirling. I showed M. Ii'Angelier and he the road to Glasgow, and they started together. I saw him get some roast-beef before leaving ; he ate it very heartily. I was with him all the time. He took some porter with the beef. By the Loed Jubticb-Clbkk — I stopped at Coatbridge. I don't go beyond that. By the Dean — There were only about eight passengers ,of all classes in the train. If one except Ross and this gentleman stopped at Coatbridge. I am quite certain of that. I had never seen B,oss before that day, and have never seen him since. Mr Miller, from Glasgow, told me his name. Mr Miller was engaged in the defence. 1 never saw either Ross or L'Angelier before or since, and I did not know theiyiames or anything about them. I was first examined about this matter four or five days after the occurrence. I was told at GreenhiU that I was wanted by the Fiscal at Stirling ; and I was examined by him. Deceased got the food in M'Donald's, at Coat- bridge. I saw him take the beef. He ate a good deal ; but neither Ross nor I ate. Witness identified Ross. Thomas Moss, auctioneer, Govan Street, Hutchesontown, Glasgow, examined by the LoKD Advocate — I recollect being in Stirling on the 22d March, and leaving by the train in the afternoon for Glasgow. I went by the train to Coatbridge. I did not observe a foreign gentleman in the train, but I saw him when he got out. I did not know his name. The guard said he was going to walk to Glasgow, and I was going to do the same. Before start- ing, he had some roast-beef and a smaU bottle of porter. I saw him take it. "We then started for Glasgow, and I think we took a little more than two hours to get there. It was twenty minutes past five when we left, and it was rather more than half-past seven when we reached Glasgow. The distance is .eight miles. He had a Balmoral bonnet on his hesid — ^lik? one shown to witness. Po 20 walked well, and did not appear tired when he got to Glasgow. He smoked several times on the ro^d. He did not tell me who he was. He appealed in good health and spirits when we parted. We parted at the top of Aberoiomby Street, GaUowgate. He said he was going to the Great Western ,Epad. , By the Dean — He said he had come from Alloa that morning, and that he had walked from Alloa to Stirling, He said the distance was eight miles. He said nothing that I remember about the Bridge of Allan, Our con- versation was chiefly. abont local affairs, such as the scenery around us. He did not eat a great deal^t Coatbridge. He told me he had presented a cheque at ,the bank at Stirling either the ,day before or some other day, and that they would not cash it, he being a stranger. Abercrbmby Street is about the middle of the Gallowgate. I I was in no house with him on the way from Coatbridge to Glasgow, ,and in no shop. By the LoBD Advocate— Ve left^oatbridge at twenty minutes past five. William, Stevenson, warehouseman, Abercrpmby Street, New City Eoad, Glasgow, examined by the SOLiqiTOB- Gen]3EAL^-I am in the employment, of Huggins & Co., Bothwell Street. The late M. Angelier was in our war^ltou^e, in the same department under me. He was , unwe^ in March last, and got leave of absence. I under- stood he was going'tp Edinburgh. He afterwards went to the Bridge of Allan. I did not see him between ias going to Edinburgh and his going to the Bridge of Allan. I got ^ letter from him from the Bridge of Allan ; it bears the postmark "Bridge of Allan, March 20," I think. It is as follows : — "Bridge of Allan, Friday. — Dear "William,— I am happy to say that I feel much J)etter, though T f ear I slept in a damp bed, for my limbs are all sore, and scarcely able to bear me, but a day or two VfiJI put all. to rights. What ' a dull place this is. I ,went to Stirling , to-day; but it was so cold and ■damp that I soon hurried Home again. Are you very Am I wanted? If so, I am ready to oops 21 home at any time. Just drop me a line at the Post Office. You were talking of taking a few days to your- self ; so I shall come up whenever you Uke. If any letters come, please send them to me . here, I intend to be home not later than Thursday morning. — I am, &c., "P. Emile L'Angelieb." This is M. L'AngeHer's handwriting. He was generally addressed Emile. I answered that letter. Identify the answer which I sent, acknowledging the receipt of the foregoing letter. I recovered this letter in reply in the Post Oifice at Bridge of Allan. I was sent to Bridge of AUan to take possession of ^. L' ingelier's property, and I got the letter at the same time. This was on Friday the 27th, He had been in the employment of Messrs Huggins about four and a half years. I got notice of his death on the 23d March, and went on receipt of that intelligence to the Erench Consul's oifice. I saw there Mr Thuau, who told me that L'Angelier's medical attendant was Dr Thomson, and I sent for him. I saw L'Angelier's corpse. Was told that Dr Steven also had attended, and sent for him. They said tliat an examination of the body was the only way of explaining his death. There was then no suspicion about it. I authorised them {b make a post mortem examination the following day. In consequence of what I learned at that examination I informed the Procurator- Fiscal on Tuesday, I saw them commence the post mortem examination. I did not expect L'Angelier in Glasgow on the Sunday night ; that was inconsistent with his letterto me. When I went to his lodgings on the Monday, his clothes were lying on the sofa in his room, I examined them, and found various articles — a comb, tobacco, three . finger-rings, 5s, 7|d,, a bunch of keys, and a letter. The letter was in his vest pocket in an envelope. I identify the letter. It was read as follows : — "Why, my beloved, did you not come to me? Oh, my beloved, are you Ul ? Come to me. Sweet one, Iiwaited and waited for you, but you came not. I shall wait again to-morrow night — same hour and arrangement. ■ Qh, come, sweet love, my own dear love of a sweetheart. Come, beloved, and clasp me to your heart ; come, and 22 we shall be happy. A kiss, fond love. Adieu, with tender embraces. Erer believe me to be your own ever dear, fond "MiNlE." The letter was addressed "M. E. L'Angelier, Mrs Jenkins, 11 Franklin Place, Great 'Western Boad, Glas- gow." I made some remarks on getting that letter, but I don't exactly recoUeot what they were. I said the letter explained why he was in Glasgow, and not in Bridge of Allan. By the Lord Justicb-Clebk— I did not knojy who " Minie" meant. By the Bolicitob-General — I was intimate with him in business, but not otherwise. I found a bunch of keys in his pocket, which I took with me, and ' I kept them. I put them into the possession of Mx T. E. Kennedy, our cashier. I knew that H. L'Angelier had a memorandum-book. I remember having it when coming from bis lodgings after seeing the body. I got it in his lodgings, but cannot tell when. Identify the memorandum-book (a pocket note-book), and also the handwriting. I made it into a parcel, and sealed it up. i subsequently gave it up to police officer Murray, and, not then, but afterwards, marked it with a label attached. I know the memorandum-book. By the Dean — The label attached, stating that the book was found in a desk in Huggins &, Co.'s, was signed by me and two officers on the 30th March. I testified that the book was found in the warehouse, but I originally got it in his lodgings. I put it into L'Angelier's desk. It was not sealed up when I put it into the desk, I did not take it out of the desk at any time after putting it in. I am not certain which of the officers took the book out of the desk. I mean to certify by that label that they found it there; they took it that day; it was there when they came ; I saw it when I opened the desk on the day they came. I am not aware that anybody saw me find it in his lodgings. I found it on Monday. Dr Steven and Dr Thomson, and Mr Thuot and Mr Wilson, and perhaps Mrs Jenkins, were in the room. I am not aware if any of them knew that I had found 23 the book in his lodgings. I can't tell how long after I found it I put it into the desk. I can't say if it was the same day. It was the same week. I carried it in my pocket from the house to the office ; but I can't tell how long time elapsed before I put it in the desk. I sealed it and laid it down on the desk. I found it there again. I can't tell how long it lay. I came in with it in the after- noon to the warehouse, and I think it remained till next day (Tuesday.) I don't mind of putting it into the desk, so that I can't speak definitely to that. I saw it eeveral times oh the Monday afternoon on the desk, and it was opened once or twice that afternoon by me. Others might open it. It was sealed and opened and sealed again, I don't recollect when I saw it next. I saw it after that in the desk. I think upon the Wednesday morning, the Fiscal requested me to bring some letters to him, and on going' into the desk for them I saw it. I took some of the letters to him ; I did not take the book. It was not sealed then. I had the key of the desk ; it was on the bunch I got in his pocket. I was aware that the lock of the desk was in a frail state. I did not know that the back of it v/as in a frail state. He had complained to me that lads about the office got into it. I saw the book repeatedly in the desk, but I can't say when I saw it out of the desk in the Fiscal's office. I saw it when I signed the label. I had seen it before • finding it in his lodgings. When he complained that his desk was in a frail state, I looked at his desk, and saw a book lying in it like this. I never saw him write in this book. Between the ' Monday and the time I signed the label, it was opened frequently. I was always present, but there were others looking at the letters. There were Mr T. F. Kennedy, cashier ; Mr Wilson, the invoice-clerk ; and Mr Miller, one of the warehousemen. There may have been others belonging to the same department, but none who were strangers to the establishment. The Rev. Mr Miles was in the warehouse several times after M. L'Angelier's death, but I don't think he saw any of the letters. He came to ask about M. L'Angelier. I stated at one time that I ^as under the impression that I found the book in the desk in the warehouse, and not in the 24 lod^gs. I stated so in my precognition, A few days ago, I wrote to Mr Hart, the Tisoal, fcorreoting the mis- take. I never made any inyeritory of the clothes or other things found in his lodgings', or of the Igtters. By the SolioitOk-G-kneeal— On the Monday when I found the book I turned over the pages; I did not take notice of any of the entries. Under date 11th JFehruary I see an entry ; that is L'Angelier's handwriting, and the book is in his haildwritmg from that date onwards. I see an entry on Saturday, 14th March ; and that seems to te the last. All the entries from 11th February to 14th March inclusive are in L'Angelier's handwriting. • By thei DeaS — They are in pencil, and some of them very faint. Byjhe Solioitoe-General— I was accustomed to see hini write in pencil. The Solicitok-Genbeal then proposed to read the entries, to which the Dean objected; and the Witness was removed. The Dean held that this was no evidence that the book was a journal at all. It might be a memorandum-book, but he understood it was proposed to use it as a journal. The LOED Advocate said they proposed to prove that these memoranda were in the handwriting of L'Angelier. They bore to be written on certain days. "Whether it was proved that they were written on these days was E^nother matter. They would prove that many things happened on the days on wliich they were written. The Court retired for consultation, and on their return. The Lord JtJstioe-Clerk said they were of opinion that, in the present state of the case, and with the information the Court had, they could not allow these entries all to be read. At present they did not know the individual'by the name in the entries, or by the blank that occurred in one or two of them. They gave, no opinion as to whether it would bo competent to have the entries read when a foundation was laid, for them. Tte witness recajlled — When I was at Mrs Jenkins's on the Monday I did not see two desks. I did not examine his repositories at aU on the Monday. I saw no letters except the one I found in his vest pooKet. On that day 25 I examined bis desk in the office. I saw a great many letters there. Some of them I examined. They were primoipalty in the same hand. I looked the desk. I went to the Bridge of Allan on Friday. I went to his lodgings there, and Mrs Bayne showed me la, leather portmanteau, hat, cigarette case, a little travelling-bag, a little dressing-case, and a travelling-rug belonging to the deceased. "Witness identided these articles. I desired her to send them to Huggins's office, and they arrived there next day or on Monday. The portmanteau and bag were locked. I found the keys in L' Angelier's clothes. On opening the bag I found a small leather case for holding letters. There were several letters in it. In thp port- manteau I found clothes and a prayer-book, but no letters. I locked the leather bag, leaving the papers inside. Murray, the officer, came on the Monday afternoon, and I sent the bag and portmanteau to Mrs Jenkins's house. I gave Murray the letters and papers that were in the desk on the Monday ; they were put into a box. I sealed the box in Murray's presence, and it was taken to the Fiscal's Office. I initialed a number of the letters several days afterwards. I believed them to be the same from the handwriting. I went with Murray to Mrs Jenkins's, and opened the small leather bag ; he took it away, and I afterwards saw it opened in the Fiscal's Office, and the letters taken out. I took the key there for that purpose. I saw Murray examine L' Angelier's desks in Mrs Jenkins's that Monday, and he took possession of the letters found there. Some of them seemed to be in the same handwriting as the others previously got. I saw him take all the letters found in Mrs Jenkins's ; they were put in a piece of brown paper. I could not say afterwards which letters had been found in Mrs Jenkins's, and . which in the office. [Shown four letters.] Depones — These arc in M. L' Angelier's handwriting. I was at the funeral of the deceased. It took place in the burying-ground of St David's C^xxick'. The funeral was on Thursday; and I SMf the body exhumed ; on Tuesday the 30th I saw the body in the hands of Dr Steven and Dr Corbett, and recognised it as that of M. L'Angelier. I read some of the letters which were in the small bag, Shown letiex 26 commencing " Wednesday— Dearest sweet Emilie, I amso sorry to hear you are ill." That letter was in the small bag ; I marked " bag" upon it when I initialed it. Shown letter commencing — " My sweet dear pet, I am so sorry you should be so Texed," and with an envelope bearing "For my dear and ever-beloved sweet Emile." That was in the bag. It is marked by me in the same way. The envelope of letter commencing "My own best loved pet, I hope you are well," was in the bag, but I have not marked the letter ; but if this is its envelope it was there too. The letter commencing " Dearest and beloved, I hope you are well ; I am very well and anxious," I can't speak to. Witness also spoke to other three letters as being found in the bag. So far as I examined the documents in the bag I kept the letters in their original envelopes and delivered it locked to the officer. I did not shift the letters andenvelopes to my knowledge. It being now after six o'clock, the Court adjourned till nexit morning at ten. 27 SECOND DAY.— Wednesday, July 1. The Court met at ten o'clock this moTning, when Hiss Smith was again placed at the bar, looking quite as cool and collected as yesterday. WffliamStevenson, whose evidence was not concluded last night, was again examined by the Solioitoe-GbnebaIi — Before the great mass of the letters were taken possession of by Murray, I had handed some of them to the Ksoal on Wednesday morning the 25th. I handed them per- sonally to Mr Young. I did not mark them, but I took a note of the dates at the time. I have not that note with me ; but I have the numbers which I saw after- wards put on the same letters. By the Coitet — The Fiscal^did not mark them when I gave them, I took the note when the numbers were put on. By the Dean — I had a note of the postmarks, and they corresponded; I think there was one without a postmark. I have not my note' of the postmarks. The Dean — It is extremely loose, this sort of evidence. The LosD Jtjstice-Clebk — Nothing can be looser or more singularly unsatisfaotcry than that there should be the slightest deficiency in the proof in such a case. By the -Dean — Mr Vilson, Mr Young's clerk, I think, was present at the time. To my knowledge, the Sheriff was never present at any precognition, or at any other time. Mr Hart has been present. I understand 2a Mr Yomig is a Proeurator-Kscal. I destroyed the note of the postmarks. By the Lord Justioe-Cleek— 1 think thoKsoal knew I had taken that note. He never told me to preserve it. By the Dean— He saw it, but I don't think he examined it. By the Solioitob-Gkneeal— On that "Wednesday I think I gave the Procurator-Fiscal seven or eight letters. Shown letter No. 75. This is one of the letters. I know it by the number, and by my initials on it. I recognised it at the time from the postmarks,' of which I had a note, and then I put my initials on 4t. .T^gword " desk" is written on it by me ; that means 'that I ^oi it in the desk in the office. Shown letter No. 93. This is one of them too; it is niarked "desk" by me, indicating the same thing. Shown No. 97, 107, and 109. These are also letters which I gave to the Fisckl, and they are marked by me as having been found in the desk. 1 can't speak to No. 79, As to the letters I gave up on the "Wednesday, I read portions of some of them. I did not read them when I marked them afterwards. I first communicated with the Fiscal on this< subject on Tuesday afternoon. That was after the. doctors had made their post mortem examination. At that time, I entertained no apprehension that this was to be a criminal charge ; on the "Wednesday I felt uncomfortable about it, but nothing further. My feelings at that time of discomfort pointed to a particular quarter where he was likely to have been. , By the Dean— The entry in the memorandum-book as to the numbers of the letters I made when the letters were numbered. My own numbers in that book are 3, 31, 45, / 53, 54, and 5S ; they are six in number ; I can't speak to No. 56. The letters which I gave to the Fiscal on the 25lh were seven in number> including the letter I got in his vest pocket. I am not aware that I haie, seen No. 56 since I wrote that memorandum. The numbers they now bear I saw put on in the Fiscal's office. I can't say how these particular numbers came to be put on these particular letters. These five letters have all envelopes, and the postmark is on the envelope only, "When I oheoked the postmarks fwm the note I 29 had made, I believed -them to be the same lett6l:a as were in the envelopes before. I bad no means of identifying the letters themselves, but only the envelopes. There is no date in this memorandum-book enabling me to tell ' the date when these numbers were put on. There is a date— 24th April 1856. • The LOKD ADTOoilE— Eead the item. "Witness— No. 86, 100 wool shawls at 3s. 6d.— Macdonald. By the Dean — There is no other date on that page ; on the preoelding page there is a date "22d April, signed precognition." Before that there is " Saturday,18th April, eight bottles, bundle of powders, and alErraed^to their being the same as those found in Mrs Jenkins's." On the preceding page there is the following entry : — " Monday, 30th Ma};oh. — Gave up L'Angelier's papers and letters from Tiis desk to Murray and ." In the immediately preceding page, before the first entry spoken of, there are tluree dates— 17th AprU, 18th April, and 22d April— and on the page immediately before these are three dates— 28th, 30th, and 31st March. The entiy under 17th AprU is—" "Was at Mr Hart's, and gave a second evidence." I am not aware of the date of the last time I wasprebognbsced. The entry before the 17th April is — " Signed precognition ;" there is no date to that. I was precognosced several times ; I have not been ' pre- cognosced since I came to Edinburgh. I have 'seen parties connected witli the Crown yesterday or the day before, and this morning. This morning I saw Mr ■Wilson and Mr Gray, of the Fiscal's office in Glasgow. They did not ask me about the letters. I told them I was in a most uncomfortable position about this matter; that I had got quite a suificiency in ■ the Court ; and that I wanted to be done with it. Was that ih' consequence of anything said by those gentlemen? No. It was because I felt exceedingly uncomfortable and very unwell. I saw them this morning. I don't know whether it was this morning or yesterday afternoon that I said so, but I said S(^ repeatedly. As to the entry about the six letters, I cannot say when it was made. The entry is, " letters 3 30 31, 45, 53, 64, and [56" in desk 25th March, and can Birear to them. By the Lobd Justiob-Cierk — The entry was not made on the 25th March. I can't say when it was made. That was the day on which I got the letters. By the Dean — It appears in the book after an entry on the 24th April. I found letters belonging to. L'Angelier in the tourist's bag in the desk in the warehouse, in a leather portmanteau at his lodgings, and also in the desk in his lodgings, and one in his vest pocket. I can't say how many letters there were in the desk at the warehouse. They were numerous. Part of them were wrapped in two brown paper parcels, and part were lying loose. The two parcels were sealed with the Company's stamp. They had been sealed by L'Angelier himself, apparently. As to the seven letters I gave to the Fiscal, I don't know whether they were in a sealed packet or lying loose. I could not identify any of the letters found in the desk, except the six in the desk which I have spoken to, and the one found in the vest pocket. I don't know how many letters I found in the travelling-bag. They were not very numerous — I should say under a dozen. I did not count them. I read a portion of them. In the port- manteau, I have no idea how many I found. They were numerous. I think they were partly loose and partly tied with twine or tape. I saw them in the Fiscal's oflSce. I presumed them to be the same, but I could not distinguish those found in the portmanteau, nor those found in the desk at the lodgings, I can't tell how many of them there were. Shown No. 137, and, after looking at memorandum-book — this is marked as found in the bag. — ^Tell me what you referred to your memorandum- book for just now ? Is it by reference to this entry that you are enabled to say now that this was one of the letters found in the bag ? Tes ; and also I marked it " bag." Why did you refer to this ? I was requested to take a note of them at the time. This entry immediately follows the other enti? before spoken of. I don't know- when I wrote the word " bag" on the letter. I have not the slightest idea of what has become of the 31 letter attached to the envelope. I can't say if it con- tained a letter. I made no inventory of the letters fonnd in the bag, and I saw none made. I saw a note of letters in the Fiscal's ofSce. I am not aware of seeing an inventory of the letters found in' the bag. I made a list of the sue or seven which I have before referred to. I made no other list. I think I saw only one desk at L'Angelier's lodgings. I recollect L'Angelier going to Edinburgh. I never saw him after he went there. Ho was not back to the warehouse, to my knowledge. Shown twenty-four letters in the third inventory for the prisoner, and asked if he ever saw them before. Beponed — ^I have seen a number of letters in that -hand- writing from this individual among the letters given up, but I can't say I saw any one of them. The signature is " M. A. P. ;" it is Miss Perry's signature. I found portions of this handwriting in aU his repositories. I can't say as to the smaU bag. I can't say how many in this handwriting I may have seen. There were a good many: I think not so many as in the other handwriting — not nearly so many. I can't give ■you any notion how many there were in the other handwriting. My impression is that there would not be one-half of them in this handwriting. I could not say if they would be a third, but there were a good many of them. I could not say if there were 100 in the first handwriting I have spoken to. There are 199 letters in the prisoner's second inventory. I should ba inclined to say, speaking roughly, that there were 250 to 300, of all the letters found, in all handwritings. I understood that L'AngeUer corresponded with a number of parties in the south and in Prailce. I have seen letters addressed to ladies in France and in England. I have heard him speak about parties in England. He was a vain person — ^vain of his personal appearance— very much so. He ne/er spoke of himself to me as vfery successful among ladies. He was of » rather mercuiial disposition— changeable. His situation in Huggins' ware- house was packing derk. T am not aware what money he had when he went to Bridge of Allan or to Edinburgh. I Bnw the first medioal»report made by Dr Thomson. It 32 wo? sia:de, upon Tuesday the 24tli. Shown seven medical repoiit^, and asked to find it. The jDDGB^you had better show it to him. ' The Dean — ^It is nojt there — that is the point. "Witnes&^Need Iflook for it then ? » lihe DEAHhrlfeij but you saw a report. Witness — Yes ; it was on a smaE slip ,of paper. There is a report here by Dr, Stevenson and Br Thomapn dated "28th March." The report I speak of was made on the 24th Maroh. It was given to me ; and I gave it to Mr Young, the Fiscal. I don't think I have seen it since. ; Shown: No. 1 of second inventory for prisoner — a port- monnaie. This was got I think in the ve^t he wore when .became from the Bridge of Allan. There were three rings in it, which I hare already spok^p to as having been found on him. .1 did not give this up to the Fiscal with the other things. It was found on the Monday that he died,; it was locked up in one of his drawers ; it was not taken out till all the articles of dress were packed up a considerable time afterwards ; it was then packed up in one of the portmanteaus ; I have no note of when it was :giy»n up, hut I recollect giving some articles out of the portmanteau to Mr MUler and Mr Forbes, agents for the prisoner. I am not sure whether this was one of them, ■ I don't know whether it was got out of his lodgings or out of the trunk it was sent in here. Shown two letters, 1 and 2 of the first inventory for the prisoner. These are in the handwriting of L' Angelier. By the LORD Jtistioe-CLbek — I was several times preoqgnosced ; at the time of the first precognition I understood there was a criminal charge, against some one on account of the death of L'Angelier ; and it was known I was the first person who had seen any of the articles in his repositories. I have not the date of the first precogni- tion. , I think it , was after giving up the ,aTtioles to Murray on the SOfch. On ncjne of these occasions am X aware that thq Sheriff was present during my precogni- tion. I understood at the time that it was known and understood who tl^e letters iiv the first handwjiting were from, and;; I knew that the ^rge was murder. The party was in custody at that time, Murray is an officer 33 belonging to the Fiscal. I did not see the Sheriff or the Piaoal at the desk or repositories while I was there. The letters were put into a bag by me, and no inventory made. Everything was given up. The box containing the letters found in Huggins' office was sealed up. I am not aware whether the bag was sealed up. The letters found in the lodgings were put into a brown paper parcel. I am not aware whether it was sealed. There was another officer with Murray. The LoED Justicb-Clbrk — Tou seem to have done all that you thought necessary, and with much propriety, in the way of making memoranda, though not in the way that the Fiscal would have done it. ' But during any of your precognitions, were you asked to go over the letters and put any marks on them to enable you to say where they were found ? ' Witness — Not when they were delivered up. After- wards I was requested to put my initials on some of them. The Loud Justiob-Cleek — I think it right to say that I know of no duty so urgent, so impressive, and so imperative as that of the sheriff superintending and directing every step in a precognition for murdpr ; and that, in the experience of myself as an old Crown officer, and of my two brethren as sheriffs, the course which this case seems to have taken is unprecedented. I must say that your memoranda (addressing witness) were not made artistically or scientifically ; but I think you have done the best according to your judgment and experience ; nor do I suppose that there is any imputation against you. The Dean of Faculty — Oh ! dear no, on the contrary. The LoED Advocate — ^I think it right to say that perhaps before the end of the case, in some respects the obseirations of your Lordship will be modified. The Lord Justice-Clerk — I only speak to what occurred in reference to the examination of one witness, who apparently received all the letters founded on to support a charge of murder, I presume. The Lord* Advocate— With regard to the first stage, unquestionably there was very great looseness. 34 The witness then left the Court, on tihe underaiandin^; that he was to hold himself in readiness for being recalled. i)r Thomson, examined by the Loud Advocate — I am a physician in Glasgow. I knew the late M. L'Angelier for folly two years. He consulted me professionally ; the first time fully a year ago. He had a bowel complaint. He got the better of that. Next time he consulted me on 3d February of this year. He had a cold and cough, and a bail at the back of his neck. He was very feverish, and the cough was rather a dry cough. These are all the particulars I have. I prescribed for him. I saw him next about a week after the 3d February. He was better of his cold, but I think another boil had made its appear- ance on his neck. I saw him again on the 23d February. He came to me. He was very feverish, and his tongue was furred and had a patchy app^rance, from the fur being off in various places ; he complained of nausea, and said he had been vomiting; he was prostrate, his pulse was quick, and had the general symptoms of fever. I pre- scribed for him. J took his complaint to be a bilious derangement, and I prescribed an aperient draught ; he had been unwell I think for a day or two, but he had been taken worse the night before he called on me ; it was during' the night of the 22d and morning of the 23d that he was taken worse. He was confined to the house for two. or three days afterwards. I am reading from notes I made on the 6th April. I made them from recollection, but the dates of my visits and the medicines were entered in my books. I visited him on the 24th February, and on the 25th, and on the 26th, and on the 1st of March I intended to visit him, but I met him on the Great 'Western Eoad. The aperient draught I prescribed for him on the 23d contained , magnesia and . ,soda ; on the 24th I prescribed some powders containing rhubarb, soda, chalk of calomel, and ipecacuanha. These were the medicines I prescribed on the 23d February. I have described his |tate. On the 24th he was much in the same state. He had vomited the draught that I had given him on the 23d, and I observed that hia skin was considerably jaundiced 35 on the 24th ; and from the whole symptoms I called the disease a bilious fever. On the 25th he was rather better, andhadrisen'from his bed to the sofa, buthewasnot dressed. On, the 26th he felt considerably better and cooler, and I did not think it necessary to repeat my visits till I happened to be in the neighbourhood. It did not occur to me at the time that these symptoms arose from the action of any irritant poison. If I had known he had taken an irritant poison, these were the symptoms which I shouldhave expected to follow. I don'tthinklaskedhim when he was first taken ill. I had not seen him for somelittle time before, and certainly helooked very dejected and ill ; his colour was rather darker and jaundiced, and round the eye the colour was rather darker than usual. I saw him again eight or ten days after the 1st March. He called on me, and I have no note of the day. He was then much the same as on the 1st March. He said that he was tliinking of going to the country, but he did not say where. I did not prescribe medicines for him then. About the 26th February, 1 think, I told him to give up smoking ; I thought that was injurious to his stomach. I never saw him again in life. On the morning of the 23d March, Mr Stevenson and Mr Thuau called on me, and mentioned that M. L'Angelier was dead, and they wished me to go and see the body, and see if I could give any opinion as to the cause of death. They did not know that I hq^d seen him alive during his last illness. I went to the house; The body was laid out on a stretcher lying' on the table. The skin had a slightly jaundiced hue. (I made the notes from which I read on the sane day.) I said it was impossible to give any decided opinion as to the cause of death, and I requested Dr Steven to be called, who had been in attendance. I examined the body with my hands externally, and over the region of the liver the sound was dull — the region seemed fall ; and over the region of the heart the sound was natural. I saw what he had vomited, and I made inquiry as to the symptoms before death. When Dr Steven arrived he corroborated the landlady's statements as far as he was concerned. There '^as no resolution come to on the Mondajjr as to a po^t B a 36 movtern examination. On the afternoon of that day I was called dn by Mr Huggins and another gentleman, and I said the symptoms were such as might have been produced by an irritant poison. I said it was such a case as if it had loocurred in England, a coroner's inquest would be held. Next morning Mr Stevenson called again and said that Mr Huggins requested me to make an inspection. In consequence of that I said' I would require a colleague, and Dr Steven was agreed on. I called on him, and he went with me to the house, and we made the inspection on Tuesday forenoon about twelve o'clock. "We ' wrote a short report of that examination to Mr Huggins immediately. "We after- wards made an enlarged report. ,, Witness was then shown this report, , and read it as follows' : — " At the request of Messrs "W. B. Huggins & Co., of this city, we, the Undersigned, made a post mortem examination of the body of the late M. L'Angelier, at the blouse of Mrs Jenkins, 11 Great "Western Bead, on the 24th March current, at noon, when the appearances were as fojlow : — The body, dressed in grave clothes and coffined, viewed externally, presented nothing remarkable, except a tawny hue of the surface. The incision made on opening the belly and chest revealed a considerable deposit of sub-cutaneous fat. The heart appeared large for the individual, but not so large as, in our opinion, to amount to disease. Its surface presented, externaBy, some opaque patblies, such as are frequently seen on this organ without giving rise to any symptoms. Its right cavities were filled with dark fluid blood. The lungs, the liver, and the spleen, appeared quite healthy. The gall bladder was moderately ; full of bile, and con- tained no calculi. The stomach and intestines, exter- nally, presented nothing abnormal. The stomach, being tied at both extremities, was removed from the body. Its contents, consisting of about half-a-pint of dark fluid resembling coffee, were poured into a clean bottle, and the organ itself was laid open along its great curvature. The jmiicous membrane, except for a slight extent at the lessei: curvature, was then seen to be deeply injected with blood, presentipg an appearance of dark 37 red mottling, and its substance was remarked Ijo be salt , being easily torn by scratching witb the finger nail. The other organs of the abdomen were not examined. The appearance of the mucous membrane, taken in connec- tion with the history as related to us by witnesses, being such as, in our opinion, justified a suspicion of death having resulted from poison, we considered it proper to preserve the stomach and its contents in a, sealed bottle for further investigation by chemical analysis, should such be determined on. We, however, do not imply that, in our opinion, death may not have resulted from natural causes ; as, for exampli?, severe internal conges- tion, the effect of exposure to cold after much bodily fatigue, which we understand . the deceased to have undergone. Before closing this report, which we make at the request of the Procurator-Fiscal for the county of Lanark, we beg to state that, having had no -legal authority for making the post mortem examination above detailed, we restrict our examination to the organs in which we thought we were likely to find, something to account for the death. Given under our hands at Glasgow, the 28th day of March 1857, on soul and ■ couscienoe. (Signed) Hdqh Thomson, M.D. ; James Steven, M.D."— I afterwards received insti-uc- tions from the , Procurator-Fiscal in regard to the stomach ; I was summoned to attend at his office before I wrote that report ; that was on the 27th March. The contents of the stomach, and the stomach itself, sealed up in a bottle, were handed to Dr Penny on t]>e 27th ; they were in my custody till then., On the 31st I received instructions from the Procurator-Fiscal to attend at the Ramshorn Church, by order of the Sheriff, to make an inspection of L'Argelier's body. Dr Steven, Dr Corbet, and Dr Penny were there. The coffin was in a vault, and was opened in our presence, and the body taken out. I recognised- it as L'Angelier's body. It presented much the same appearance generally as when we left it ; it was particularly well pre- served, considering the time that, had elapsed. On that occasion we removed other parts of the body for analysis. Shown report of that examination, ai)d re^d b3 38 it as follows :— " Glasgow, 3d April 1857.— By virtue of a warrant from the Sheriff of Lanarkshire, we, the under- signed, proceeded to the post mortem examination of the body of Pierre Emile L'Angelier, within the vault of the Ramshorn Church, on the 31st of March ult., in presence of two friends of the deceased. The body being removed from the cofSn, two of onr number, Drs Thomson and Steven, who examined the body on the 24th ult., remarked that the features had lost their former pinched appearance, and that the general surface of the skin, instead of the tawny or dingy hue observed by them on that occasion, had become rather florid. Drs Thomson and Steven likewise remarked that, with the exception of the upper surface of tlie liver, which had assumed a purplish colour, all the internal parts were little changed in appearance ; and we all agreed that the evidences of putrefaction were much less marked than they usually are at such a date — the ninth day after death and the fifth after burial. The duodenum, along with the upper part of the small intestine, after both ends of the gut had been secured by ligatures, was removed and placed in a clean jar. A portion of the large intestine, consisting of part of the descending colon and sydmoid flexure, along with a portion of the rectum, after using the like precaution of placing ligatures on both ends of the bowel, was removed, and placed in the same jar with the duodenum, and portion of small intestine. A portion of the liver, being about a sixth part of that organ, was cut off and placed in another clean jar. We then proceeded to open the head in the usual manner, and observed nothing calling for remark beyond a greater degree of vascularity of the membranes of the brain than ordinary, A portion of the brain was removed, and placed in a fourth clean vessel. "We then adjourned to Dr Penny's rooms, in the Andersonian Institution, taking with us the vessels con- taitiing the parts of the viscera before mentioned. The duodenum and portion of small intestine were found to measure, together, 36 inches in length.* Their contents, poured into a clean glass measure, were found to amount to four fluid ounces, and consisted of a turbid, sanguinolant fluid,' having suspended i^ it much flooiilerit matter, which settled towards the bottom, whilst a few mucous- like masses floated on the surface. The mucous mem- brane of this part of the bowels was then examined. Its colour was decidedly redder than natural, and this redness was more marked over several patches, portions of which, when carefully examined, were found to be eroded. Several small whitish-.and somewhat gritty particles were removed from its surface, and, being placed in a clean piece of glass, were delivered to Dr Penny. A few small ulcers, about the sixteenth of an inch in diameter, and having elevated edges, were observed on it, at the upper part of the duodenum. On account of the failing light, it was determined to adjourn till a quarter past eleven o'clock forenoon of the following day — all the jars, with their contents, and the glass measure, with its contents, being left in the custody of Dr Penny. Having a^ain met at the time appointed, and having received the various vessels, with their contents, at Dr Penny's hands, in the condition in which he had given them to him, we proceeded to complete our examination. The portion of the largest intestine, along with the portion of the rectum, measuring twenty-six inches in length, on being laid open, was found empty. Its mucous membrane, coated with an abundant, pale, slimy mucous, presented nothing abnormal, except in that part lining the rectum, on which were observed two vascular patches, about the size of a shilling. On decafating the contents of the glass measure, we observed a number of crystals adhering to its interior, and at the bottom a notable quantity of whitish sedimentary matter. Having now completed our exami- nation of the various parts, we finally handed them all over to Dr Penny. The above we attest on soul and conscience." Signed by Dr Thomson and Dr Steven. — The appearance of the mucous membrane of the duodenum denotec^he action of an irritant poison. The patches of vascularity in the rectum might be also consi- dered the effects of an irritant poison. But they were not very characteristic of that. There were ulcers there. We could not form any opinion as to their duration. All these substances removed from the body were left in charge o£ Dr Penny. The ulcers might have resulted 40 from an irritant poison, but I am not aware that thej^ are oharaoteristio of that. They might have been produced by any cause which would have produced inflammation. By the Dean— On the 24th March the contents of the stomach were poured into a clean bottle. The meaning of the statement that the stcmach was tied at both extrcr mities is that that was done before the contents were taken out. Am sure that the entire contents were poured into this bottle. The stomach itself was put into the same bottle. We took none of the intestines out of the body. When we put 'the stomach and contents into this bottle, we secured it well with oil- skin and a cork. We did that in the lodgings. The oil-silk was put under the cork to make it fit the bottle, and partly to make it more secure, and over the whole a double piece of oil-silk. We went to Dr Steven's house, where Dr Steven affixed his seal, and I took it with me, and it remained in my possession, locked into my con- sulting table. , On the Monday of the deceased's death I was shown by Mrs Jenkins the matter which had been vomited.! It was not preserved, so far as I know. We made a short report on the-24th to Mr Huggins. It was delivered to him. At the time I attended M. L'Angelier in February there were i>o symptoms that I could defi- nitely say which were not due to a bilious attack. They were all the symptoms of a bilious attack. There was an appearance of jaundice. I have heard of that as a symptom of irritant poison. It is in Dr Taylor's work on poisons. By the Lobd Justice-Clerk — It was in the appear- . ance of the skin. The Dean — Show me the passage in Dr Taylor's work (handing it to witness.) Witness — I can't find the particular passage. It is in the case of Marshall. The Dean — What was the poison in the case of Marshall ? Witness — jVrsenic. The Dean — WeU, see if you can find it. Lord HANDYsroB — ^Perhaps he has made a mistake on 41 the subject, and refers to Marshall as a writer on the subject. He is referred to in " Taylor's Medical Juris- prudence." Witness — Yes (shown "Taylor's Medical Juris- prudence") ; at page 62 Marshall is quoted—" Strangula and jaundice have been noticed among the secondary symptoms" — ^that is, under chronic poisoning. The Dean — Do you know any case in which jaundice has been observed as a symptom of arsenical poison ? Witness — That is the only case. The Dbau — That is not a case. Are you acquainted with Marshall's work ? Witness — No. The Dbait— You never saw it ? Witness — No. I never saw it. The Dean — You were under the impression that Marshall's was the name of a case ? Witness — ^Yes; from the manner in which I had noted it down I made that mistake. By the Dean — The jaundice I saw in L'Angelier's case was quite consistent with the idea that he was labouring under a bilious attack, and could easily be accounted for in that way. By the Lord ADVOCiTB— Identifies jar in which the stomach and its contents were placed. Dr Steven, examined by the LoED Advocate — I am a physician in Glasgow, and live in Stafford Place, near to Franklin Street. Was applied to by Mrs Jenkins early in the morning of the 23d March last. She asked me to go to a lodger of hers who was iU. I did not know her or her lodger. I was myself iU that morning, and was unwilling to go. It Was named to me as a severe bilious attack. I advised Mrs Jenkins to give him hot water and drops of laudanum. She came to me again that morning; I think about seven. I went, thinking that as he, was a Frenohmauhe might not be understood. I found him inbed. He was very much depressed. His features were pinched and his hands. He complained of coldness and pain over the region of the stomach. By pinched I mean shrunk and cold, or inclimsd tp become cold. He complained of 42 general chilliness, a Smith n?xt day. Shortly after I saw Mr Smith, I went, in consequence of rumours, to Miss Smith's house, and saw her in presence of her mother. I apprised her of the death of L'Angelier. She' asked me if it was of my own will thai I came to tell her, and I told her it was not so, but that I came at the special request of her father. I asked if she had seen L'Angeliar on Sunday night ; she told me that sh« did not see hiin. I asked her to put me in a position to contradict the statements which were being made as to her relations with L'AngeUer. I asked her if she had seen L'Angelier on Sunday evening or Sunday night, and she told me she did not see him. i observed to her that M. L'Angelier had come from the Bridge of Allan to Glasgow on a special appointment with her, by a letter writlfci to him. Miss Smith told me that she was not aware that L'Angelier was at the Bridge of Allan before he came to Glasgow, and that she did not give him an appointment for Sunday, as she wrote to him on Friday evening giving him the appointment for the following day — for the Saturday. She said to me that she expected him on Saturday, but that he did not come, and that she had not seen him on Sunday. I put the question to her perhaps five or six different times and in different ways. I told her that my conviction at the moment was that she must have seen him on Sunday ; that he had come on purpose from the Bridge of Allan on a special invitation by her to see her ; and I did not think it likely, admitting that he had committed suicide, that he had committed suicide without knowing why shS ' asked him to come to Glasgow. The LoED Justice-Clerk — Did you know of this letter yourself ? Witness — I heard that there was such a letter. I said to Miss Smith that the best advice that a friend could give to her in the circumstances was to tell the truth about it, because the case was a very grave one, and would lead to an inquiry on the part of 67 the authorities ; and that if she did not. say the truth in these circumstances, perhaps it would be ascertained by a servant, or a policeman, or somebody passing the house, ■who had seen L'Angelier — that it would be ascertained that he had been in the house, and that this would cause a very strong suspicion as to the motive that could have led her to conceal the truth. Miss Smith then got up from her chair and told me, " I swear to you, Mj Mean, that I have not seen L'Angelier," not on that Sunday only, but not for three weeks, or for six weeks, I am not sure which. ' The LOED Justick-Clebk — And the mother was present ? Witness — The mother was present. This question I repeated to Miss Smith five or six times, as I thought it of great importance ; and her answer was always the same. I asked her — in regard to the letter by wliich L'Angelier was invited to come to see her — how it was that, being engaged to be married to another gentleman, ' she could have carried on a clandestine correspondence with a former sweetheart. She told me that she did it in order to try to get back her letters. , The LoED Advocate — Did you ask her whether she was in the habit of meeting L'AngeUer ? "Witness — Yes. I asked if it was true that L'Angelier was in the habit of having appointments with her in her home; and she told me that L'Angelier had never entered into that house — meaning the Blythswood Square , house, as I understood. I asked her how then she had her appointments to meet with him. She told me that L'Angelier used to come to a street at the corner of the house (Main Street), and that he had a signal by knocking at the window with his stick, and that she opfened the i window and used to talk with him. The LoED Advocate — Did she speak about the former correspondence with him at Sll ? "Witness— I asked her if it was true that she had signed letters in L'Angelier's name, and she told m'e that' she had done so. The LoED Jcstice-Cleek— Do you mean that she added his name to hers ? 02 .fig Witness— I meant whether she signed her letters witt . L'Angelier's, name, and she said yes. The LoED Advocate— Did she say why she did so ? Witness^: did not ask ier. By Mr Young — I went in 1855 tg live in Helensburgh. M. L'Angelier visited me there, and once he came on a Saturday to my lodgings there, and on Sunday we went on the Luss £oad. I went up to my room, and L'Angelier not coming in for his dinner, I called for him out of temperj and asked why he did not come in, and was keeping me from my dinner. I then found that he was ill, and was vomiting down the staircase. He once complained to me 'of being bilious. This was a year ago. "He complained , of once having, had cholera. Last year he came to my office and told me that he had had a violent attack of cholera, but I don't know whether that was a year or two years ago. I think it was a journey he was to have made that led him to speak of having had the cholera. I don't recollect whether he was tinweU at the time. I know that when L'Angelier came to my house he always had a bottle of laudanum in his bag, but I don't know if he used it. I once heard him speak of arsenic ; it must have been in the winter of 1854. It was on a' Sunday, but I don't recollect how the conversation arose ; 'it lasted about half- an-hour. Its purport was how much arsenic a person could take without being injured by it. He maintained that it was possible to do it by taking small quantities ; but I don't know what led to the conversation. I would be afraid to make any statement as to the purpose for which he said it was to be taken. I have seen some- thing about it in a French dictionary on chemistry and other .subjects. lam afraid of making a mistake — con- founding this book with others I have, read.' L'Angelier stated to me that he had once been jilted by an English lady, a rich person ; and he said that, on account of that deception, he was almost mad for a fortnight, and ran about, getting food from a farmer in the country. He was easily excited ; when he had any cause of grief, he was affected very much. By the Lokd Justiok-Cleek— After my marriage I 69 iiad little intertourse with L'Angelier. I thought that he might be led to take some harsh steps in regard to Miss Smith, and as I had some young ladies in my house I did not think it was proper to have tire same intercourse with him as when I was a bachelor. The LoKp ADVOOATE^What do you mean by " harsh .steps?" Witness-— I was afraid of an elopement with Miss Smith. By harsh I mean rash. This was after L'A^ngelier had given me his fuU confidence as to what he would do in the event of Miss Smith's father not cpnsenting to the marriage with his daughter. The LoKD Jdstioe-Glebk — Did you miderstand that Miss Smith had engaged herself to him ? Witness^ — I understood so from what h^ said. The Lord JnsTiOE-CLEnK— When you used the expression, " You thought it right to go to Mr Smith about the letters, in order that he might take steps to vindicate his daughter's honour or prevent it from being disparaged," did you relate to him her engagement and apparent breach of engagement ? , Had you in view that the letters might contain an engagement which she' was breaking, or that she had made a clandestine engagement ? Witness — I thought that these letters were love-letters, and that it would be much better that they should be in Mr Smith's hands than in the hands of strangers. The LoED Advocate — What were L'Angelier's usual character and habits ? The Lord Justice-Clerk — ^Was he a steady fellow ? Witness — My opinion of L'Angelier's chaijaoter at the moment of his death was, that he was a most regular young man in his conduct, religious, and, in fact, that he was most exemplary in all his conduct. The only objec- tion which I heard made to him was that he was vain and a boaster, boasting of grand persons whoin he knew. For example, when he spoke of Miss Smith he would say, "I shall forbid Madeline to do such a thing, or such another thing. She shall not dance with such a one or such another." 03 70 T^e LOED Jcstioe-Clebk — Did he boast of any success ■with females ? "Witness — Never. ,The Lord Justioe-Cleiik— Did he seem jealous of Miss Sniitli paying attentions to others ? Witness — No ; of others paying attentions to lliss Smith. The LoED Jdstioe-Cleek — It T/as not on account of , any levity in his character that you discouraged his visiting you after' your marriage ? , ; Witness — No ; I thought that his society might be fit for a bachelor, but not for a married man. The Dean — Do you understand the word " Jeyity." Witness — Yes ; lightness, irregularity. The LoKn Justice-Olerk — How long was it since you had seen him when he came to you a short time before his death ? Had there been a long cessation of inter- course Witness — Yes ; tliere had been a long cessation. The Lord Advocate — (Showing witness a daguerreo- type of L'Angelier)— Is that like L'Angeliet? Witness — Yes ; it is a good likeness. The Lord JasiiOE-CLEEic-^About what age was he ? Witness — Between twenty-eight and thirty, I think. The Lord Justice-Clerk — Did he bring recommenda- tions to you, or did you get 'acquainted with him aociden-' tally? Witness — I think I got accidentally Acquainted with him in a house ill Glasgow, but I do not recollect. The Court adjourned shortly after six o'clock till next day. 71 THIED DAY.— Thursday, July 2. The Court met at ten o'clock tliis morniug, when the following evidence for the prosscution was proceeded with: — Oharles Ci^ciH, 'civil-engineer and architect, Glasgow, examined by the SoUoiTOK-GENBEAr.— I was employed by the public authorities to malte a plan of the house - No. 7 Blytli^wood Square, which wr. I suggested phosphorus paste. He said she had got some before. I said to Miss Smith that we would much rather give her something else than arsenic. She did not insist' on having it, but she said she would prefer having it. I then stated another objection, that we never sold arsenic to any one witjjout entering it in a book, and that she must sign her name in the book if she got it, and state tlie purpose to which it was to be applied. She said she had no objection to do tliat, and from her apparent respectability and her franlmess I had no suspicion, and: told the young man to give it to her. She got an ounce of the same kind that Dr Penny got. I did not hear her say where the rats were. I think she said it had. answered very well for the purpose for which she had .got it before, but I could not be positive. She paid for it. I think there was a young lady with her. William Campsie—l am in the service of Mr Smith. He has a country-house at Eowaleyn, at Row. I have' been i;i Jiia service sin^e 1855, I nejer got any arsenic 87 or poison from Miss Smith to kill rats. I don't recollect of having any conversation witli her on the subject. I never had any arsenic there for that purpose. By Mr YoUNa — "We were very M,uch troubled witli rats, and we had used phosphorus j)aste for them. Vo found it to be effectual, and we got quit of them partly, but not altogether. Eohert OHphant, examined by the Lobd Advooate— I am a stationer at Helensburgh. I know the prisoner. She used to deal in our shop for envelopes and note-paper. I have seen her handwriting. I was shown a number, of letters by the Procurator-Fiscal; they were in Miss Smith's handwriting. I recognised some of the envelopes as having been bought at my shop. They were stamped with the initials " M. H. S." They -v^ere stamped for her by, me. [Shown No. 67 of the inventory.] This, is one of these envelopes. William Harper Minnpch, examined by the SOLIOITOE- Genekal,— I am a merchant in Glasgow, and a partner of the firm of John Houldsworth & Co. I live in Mains Street, above the hojzse of Mr James Smith. J have been intimately acquainted with his family for upwards of four years. In the course of last winter I paid my addresses to Miss Smith, and I made proposals of marriage to her on the 12th March. She accepted, ^he time of our marriage was fixed between us. Previously to that, I had asked her generally, without reference to any time. That was on the 28th January. I did so personally. My attentions to her, I understood, had been such as to make her q;uite aware that I was, paying my addresses to her. She accepted me on the 28th January, and we arranged it more particularly on the 12th Mai'ch,. From tho-28th January to the end of March there was notliing which suggested any doubt to my mind as to the engage- ment continuing. I had no idea that she was engaged to , any other person, and I was aware of ijo attachment or peculiar intimacy between her,and any other man.,. The maiTiage was fixed to be on the 18th June. Last season I made Miss Smith a present of a necklace ; it was some tii^ie in January, before the 28th. She went along with her family to the Bridge of Allan on the 6th March ; she remained there till the 17th. I visited the famijy while they were there. After leaving I receive^ a letter from Miss Smith ; shown No. 133— that is the letter; it is dated " Monday" merely. After she came home from Bridge of Allan, she dined in my house with her father and mother; that was on the 19th March. I met her at dinner again at Mr Middleton's on the 25bh March ; 1 was not aware of anything wrong at that time. I called on Thiu'sday morning, the 26th, at her father's house. She was not in the house ; I was informed she had left the house. I went to Eowaleyn in company with her brother Mr John Smith to look for her. "We went by train to Greenock, and then on board the steamer, and we found her on board ; it was going to Helens- burgh, and then tb Row; it called at' Eoseneath, and then returned to Greenock. We found her in the steamer a ' little after two o'clock. She said she was going to Eowaleyn. I went on to Eowaleyn with her and her brother ; and then we ordered a carriage and drove her up to Glasgow to her father's house. On reaching Glasgow I had no conversation with Miss Smith; I saw her again on the Saturday following. I had heard a rumour that something was wrong ; she told me on the Saturday that she had written a letter to M. L'Angelier, the object of which was to get back some letters which she had written to him previously. She made no further statement at that time. I saw her again on the Sunday ; there was no conversation on the subject then. I saw her on Monday and Tuesday ; on Tuesday morning she alluded to the report that L'Angelier had been poisoned, and she remarked that she had been in the habit of buying arsenic, as she had learned at Clapton School that it was good for the complexion. I had heard a, rumour Jhat he had been poisoned. She said nothing further, and that was the last time I saw her. Before she made these statements to me I was not aware that she was acquainted with L'Angelier. I was not acquainted with him myself. Cross-examined by the Dean— On the evening of the 89 19th February I do not recollect where I was. I remem- ber being at the opera about that time — [referring to book] — yes ; I was at the opera on that night. I was accompanied by my sister and Miss Smith. My sister and myself called for Miss Smith. "We went to the opera about half -past seven o'clock ; we got home about eleven o'clock. Miss Smith returned with us. She had been with us all the evening. The cab stopped at her door, and she went into her house. I did not observe who received her on that occasion ; somebody opened the door. On the 26th March I suggested the probability of Miss Smith having gone to Kow ; her father had a house there, in which a servant was living at the time, and I thought she might be there. In consequence, I and her brother went down. When we met her in the steamer I asked her why she had left home, leaving her friends distressed about her ; but I requested her not to reply then, as there were too many people present. I renewed the inquiry at Rowaleyn, and she said she felt distressed that her papa and mamma should be so much annoyed at what she had done. Mr Smith told me that she had left the house that morning ; and I asked him the reason, and he said it had been some old love affair. I under- stood her to refer to that in the answer she made to me. She gave me no further explanation. She said, not to press her and she Vould tell me all again. We were only about three-quarters of an hour at Eow. We took her back to her father's house and left her there. On the 31st March it was she who introduced the subject of L'Angelier's death, referring to the report of his having been poisoned ; that was about half -past nine in the morning. I called and inquired for Mrs Smith. I had heard she was unwell. My meeting with Miss Smith was accidental. I have mentioned all that passed on the occasion. On the 28th I reminded her of the promise she made to me at Row that she would tell me by-and-by. I had not heard anything of L'Angelier then. She did not mention his name. I think she said she had written to a Frenchman to get back her letters. I did not know who the Frenchman was. On the 25th I called before going to Mr Middleton's. I called for Mr Smith, 90 but I did not seo Mm, He was unwell and in bed. I tookMissSmifch to MrMiddleton's.- He is the minister of the U. P. Church which tiiey attend. Mrs Clark, wife of Peter Clark, Curator of the Eoyal" Botanic Garden, Glasgow, examined by the SOLIOITOK- General — The late M. L'Angelier lived with us for two years. He went from my house to Mrs Jenkins'; Franklin Place. I was very intimately acquainted with him when he lived in my house. I formed a very good impression 9^ his character. He seemed very steady anil temperate ; he never was late out while he lived in my house. I was led to believe that he attended church regularly ; I was told so by himself, and by others who saw him; he" attended St Jude's Episcopal Chapel ' (Mr Miles'.) His general health was good. ' He oo'oasionally visited my house after he went to Mrs Jenkins', I observed that a month or two before his death his health became affected. He has spoken to me > about a lady. I don't, exactly remember when he did so ; it was while he lived in my house ; I think in the first year that he lived with me. He told me her name ; it was Miss Smith. He spoke of her by her first name, "Madeline," and by "Himi." He gave me to under- stani that there was a mutual atta(;hiiient betweeh, him and this lady. He said they corresponded by ' letter. He said they were in tho "way of meeting. He told me of an interruption to the correspondence. I don't remember when that was ;' it was while he lived in my house. He said the intimacy was afterwards resumed. I understood that it was interrupted because of Miss Smith's father's displeasure. I understood' from him that the correspondence subsisted while he was living with Mrs Jenkins. He told me that Miss Smith and he were to be married, but he did not say when thiS marriage was to be. I last saw hitn on the 5th or 6th of March. He called at my house. He did not speak of IGss Smith that day. He left my house about the beginning of July 1856, and went to Mr^ Jenkins'. Shortly before his death, he spoke of a second' ' inten-uptioii to his intimacy with Miss Smith ; it was 91 within two months of his death. He told me that he was afraid they would net get their end accomplished, as Miss Smithfs father was putting stronger obstacles in the way than ever. He said nothing further at' that time. He afterwards spoke on the subject, and said something to the same effect. He spoke of no coolness between Miss Smith and himself. Last time he was at the Botanical Gardens he got some sUver-fish. That was about the 5th or 6th of March. Cross-examined by Mr YouNG— He came to my house first in May 1854. He complained of the climate not agreeing with him. He did not say particularly how it disagreed with him. He said that he was occasionally troubled with symptoms approaching to diarrhoea. I understood from himself that on one occasion when he visited Helensburgh he had been attacked with something like cholera. He had gone to visit M. De Meau there. He told me he was iiot in the practice of taking a cholera medicine, but he told me that he took it at that time. I saw the cholera medicine in his room. It was so labelled. I understood from him that he was not acquainted with Miss Smith's family. I understood his correspondence with her was clandestine. "When he said he was to be married to her, he said his intention was to have the banns secretly proclaimed — I mean by that, unknown to her parents ; and that he intended on the MoUday following to have a carriage ready, and to drive to chapel and be married. He did not say that he ' arranged with any particular person to marry them, nor did he mention the chapel. By the Somoitok-Genbeal — He had a very great horror of taking medicine, and did not take it while in my house. Thomas Fleming Kenriedy, examined by the Lobd Advocate^ am cashier to Huggins & Co., Glasgow. I knew L'Angelier for about four year's and a-half, during which he was in Huggins & Co.'s employment. He was in the. habit of coming frequently to my house ; he was a well-behaved, well-principled, religiQus young man. I had a great regard for him. I had the means 9§ of judging of his charaptor and conduct. He enjoyed general good health while in pur warehouse. I never thought him very strong. He was not off duty from bad health tiU latterly. I think his health first became affected in February. I am not sure if he was ill in January ; but in February he was laid up for a week. , He got better, and came back again to the warehouse ; then he got worse, and on the 9th March he got leave of absence. I think it was on the morning of the 23d February he came into my rpom and said, " I am ill, very ill, and have been ill the night before." I asked what was the matter with him ; and I advised him to go home. He said he had fallen down on his bed-room floor tit night before going to bed, and felt so ill that he could not call for assistance. Hs did not say what he had been doing, nor, where he had been the day before. I must have seen him on the 21st (Saturday.) He was confined to the house from the 23d February to Sunday, 1st March. He spoke before his death of an attachment to Miss Smith, Blythswood Square. Hesaidverylittle; andlknew nothing further than that there was a& intimacy till shortly before his death ; he came to me one morning and asked what he should do about the correspondence. I advised him strongly to give back the letters, but he said he would not. That would be about a fortnight before the 23d of February. He said that she wrote that a coolness had arisen, and asking back her letters ; I understood she had written that there was a coolness on the part of both of them. He said he would never allow her to marry another man as long as he lived. I said it was very foolish ; he said he knew it was, that it was infatua- tion. He said, "Tom, she will be the death of me." That was about the last conversation I had with him. The last time I saw him was on the 9th March, when he left to go to Edinburgh. I knew his handwriting well. [Shown No. 145.] This is a letter in his handwriting ; it is addressed to me, and asks me to come to the Bridge of Allan, and to bring or send two or three pounds ; he says that he had been in Stirling that day, and felt dull and cold, &o. [Shown No. 127.] This letter is front L'Angelier to me, asking me to come 93 to Edinbnrgli. The postmark is " Glasgow, March 1^." [Shown No. 129.] This is also in L'Angelier'a hand- > writing ; it is dated from Edinburgh ; he says he is going to Bridge of Allan next day, and that he did not feel very well, but that he thought it was from want of ^leesp ; the letter bears the postmark of 16th March. {Shown No. 177 (a pocketbook.)] That is in L'Angelier's writing ; my attention was called to the entries by the Fiscal. The entries are in L'Angelier's writing, excepting one on the 14th March, the last entry in. his book. , I am not sure thab it is not his, but I am not sure thai it is. I was asked to dine with Mr Macall in. one of the letters I got from L'Angelier, and the entry of the 14th March relates to that dinner. By the Dean — I never saw that hook in L'Angelier's By the LoEB Advocate— No. 119 is in L'Angelier's handwriting — this is a copy taken by a machine. [Shown No. 25.] This is in his handwriting too, both envelope and letter. By /the Dean — The envelope bears notning but " Mimi." The document is not signed. , By the LoBD Advooatb— No. 7 is in L'Angelier's handwriting too. It bears date " 10 Bothwell Street, 19th July 1855.'' I have seen letters in a female hand coming for L'Angelier, I knew from him that they came from Miss Smith. * . The Lord Justice- Clbkk — In No. 7 it looks as if the date did not belong to the letter, and had been com- menced for some other purpose. ' By the Lobd Advocate — I don't know where L'Angelier put the letters he received from Miss Smith. After his death, Mr Stevenson gave me a bunch of keys belonging to L'Angeher. I kiiew there were documents in his desk. "We had gone through them on the Monday of his death to endeavour to find his mother's address. I think we read one or two of L'Angelier's letters. Steven- son locked them up and gave me the key. I saw them locked up. There was nothing in the letters which induced us to take any step as to his death. On the Tuesday we again looked over them inore particularly, I 94 did not read them -with attention. They were again looked up, and I got the^ key. On the day the Fiscal sent for the letters I gave them up, and saw them sealed and initialed. They were all given up. - By the Bean — In February L'Angelier first told me of Miss Smith's desire to break off her engagement with him ; I can't say the exact day. I tliink that was ■the only occasion lie said so ; the conversation took place in the country-house. L'Angelier came to me between ten and eleven A.M. crying; he said he had received a letter from Miss Smith that morning , asking back her letters, and wishing the correspondence to cease, and he sai^ that a coolness had arisen ; I said, "You ought to give up the letters and be done with it ;" I made the remark that the lady was not worthy of him. He said he would not give up the letters ; he • said so distinctly, deter- minedly ; he said he was determined to keep them, but he threatened at the same time to show them to her father. I told him he was very foolish, and that he had much better give them up.r He said, " No, I won't ; she shall never marry another man as long as" I live." He also said, " Tom, it is an infatuation ; she'll be the death of me." He was exceedingly excited during the whole time. I heard him say on one occasion, I don't recollect when, "I wish, I was six feet under the ground." This was before the time I am speaking of. I tBok no notice of that statement ; I never supposed that anything was wrong with him. I paid no attention to it. His first serious Ulness, so far as I remember, was in February ; but I think he was slightly complaining in January some time. I don't remember iwhat' his illness then was. I have heard him say on one or two occasioiis that he was subject to attacks of howel-oomplaiut. Two occasions I recollect of, but I can't say when — ^months previous to his death. I don't remember his saying that he had a bad attack of cholera in Belgium. I know he visited a place called Badgemore Castle. I It was last summer or the summer before. I don't recollect his saying that he had an illness there, I don't remember the day the letters were taken from the d?sk in the warehouse by the authorities. They were 95 put in a large paper box ; all the letters were put in. Stevenson was present. "When we read the letters in the desk we put them in ag^. Those which we read were lying open in the desk. Thsy may havQ had an india-rubber band round them. I don't remember if they were all in envelopes.' The letters we read — only one or two — were taken out of envelopes. I , read only about three. I don't know how many Stevenson read. He was there about the, same time as I was. Our object was to disooyer the address of . his mother. We did not iind it. His mother's address was got otherwise. There was no inventory of the letters made I believe. By the LoKD Advocate— Nobody l(ad access to the desk. I had the keys on Monday and Tuesday. On ■Wednesday, I think, I gave them to Stevenson. When I got the keys first, I locked them up in^ drawer in my room. When the, letters went away they were, I think, in the same state as when I found them. I think we were careful to replace those read in their envelopes. I can't recoUeot what letters we read'. I djd not see any letters expressing a coolness on the part of Miss Smith. Those we read were old— of date 1855. L'Angelier's mother lives in Jersey. ^ ' By the DB-Uf — ^While I had the keys no one had access to the letters. I saw them packed in a box and sealed up. Puobcrt Oliph^nt recalled, examined by the LoBD Advooatb — I have looked , p,t the letters and made a * - note, of the result of my inspection of them. By the Dean — I did' not get a die made for Miss . Smith. The die might suit any person's name with these initials. I had the letters ; they are movable. It is • the same as if they had been printed. John Murray, , examined by Mr Mackenzie — I amf a Sheriff-oifioer in Glasgow. I got a warrant on the 30th March to go to the office of'Huggins & Co. Bernard M'Lachlin accompanied me. I saw Mr Stevenson and Mr Kennedy. I told Stevenson my object in calling. He, opened the desk, and I took a quantity of letters- and papers, and the other contents from it. I put thepi into 96 a box, which was then sealed up in the presence of Mr Stevenson, and I left it with "Instructions to send it to the Proourator-Fiscal's office. It was initialed by Mr Steven- son and Mr Kennedy in my presence. I saw it after- wards in the Piscal's office ; it was stiU sealed. I broke the seal on the ' following day in the presence of the Procurator-Kseal and Mr Stevenson. The box and its contents were handed over to Mr Wilson, assistant in the. Fiscal's office. I did not mark the letters at that titne, ' or distinguish them in any way. Two days afterwards I marked them. I got them from Mr Wilson to mark. I found a portfolio in the desk, and a cake of cbcoa, which I marked particularly. I don't remember seeing a memorandum-book in the desk, but I observed it in the box when it was opened. Identifies memorandum-book No. 88, and part of the cake of cocoa. After I had sealed the box in Huggins' I went to L'Angelier'a lodgings. M'Lachlin and Stevenson accompanied me. Mrs Jenkins pointed out his room and his repositories. When she left the room we made a thorough search. Mr Stevenson produced the keys, and we opened the repositories. . I found letters in a portmanteau, and- also in a desk. We did not open the tourist's bag. I took, possession of all the letters. M'Lachlin carried them from the lodgings wrapped up in brown paper. I accompanied him. It was late in the evening, and he took them to his lodgings \>y my directions. Next morning they were brought to the Fisoal's office. The parcel was not sealed in Mrs Jenkins'; I got them from M'Lachlin next morning, and locked them in a drawer till we'' marked them. After they were marked they were handed over to Mr Wilson. [Shown No. 1.] This was found in the ' desk in deceased's lodgings. No. 3 was also found in the desk. Nos. 5, 7, 9, 13, 15, 17, 21, 23, 25, 41, 71, 77, 79, 81, 85, 87, and 89. I found a small tourist's bag in the lodgings ; it was locked. I delivered - it to Mr Wilson. I found also in the lodgings a number of bottles ; M'Lachlin took them away to his lodgings, and next morning brought them to me, and I locked them up in a drawer along with the letters. They were handed to Mr Wilson on the 1st April, and Dr Penny got some 97 gf them. [Witness identified the bottles.] I went to the house 7 Blythswood Square on the 31st Marcli, and searched the prisoner's bed-room ; I found two bottles. I also found photograph (179) in that bed-room. I went through the druggists and surgeons in Glasgow to inquire as to tJiB saie of arsenic in Deoombej', January, February, and March ,last. I found some of them kept no arsenic at all, others kept i it but did not sell it; from the registers of those v/ho sold" it I copied the entries. I ascertained that from December to March no persoii of the name of L'AngeUer^ — The Dean — Stop, stop. (Witness withdrawn.) Tliis may be useful and important investigation for the Cfpwn to make ; but it surely is not to be contended that a policem.in is to speak to the registers of the sale of arsenic in all the shops in Glasgow. The LoBD Advocate— We only wish to prove that L'Angelier's name is not in these registers as a purchaser of arsenic. The'. Court decided that the question was competent ; it was simply to prove that L'Angelier's name was not .found' in the registers ; it did not prove that he had not bought arsenic under another" name or in some other place.' Witness recalled— I found in none of the registers arsenic as having been sold to L'Angelier. I ej^t'ended my inquiries to Coatbridge, and along the road between Glasgow and Coatbridge, and also at Stirling and Bridge of Allan ; and I found no such entry anywhere. Cross-examined by Mr Young — I can't say how many shops I went to in Glasgow. I kept a note of all the places I visited. In that note there are forty-seven druggists' shops mentioned. I went to other shops ; we went to those which we saw on our way, hut which were not in the GJ^isgow Directory. I made that note at, the time. I made the visits sdine days prior to the 16th May. It took several days. This list was not the list I cj^rried about with me. I made it np from another list. I examined the statutory register in each' shop where a 'register was kept. I did not find a register in'eveiy place where arsenic was sold. I remember four shops D where this was the case, i did not visit the shops of any diysalters or any manufacturing chemists. I made the examination of the deceased's lodgings on Monday, 30th March. It was commenced a little after fiVe o'clock in the afternoon^ and we were engaged in it till eight o'clock. I think I examined all the repositories pointed out by Mrs Jenkins as belonging to the deceased. We examined the press, the wardrobe, a portmanteau, and a desk, and found things there. We took no note of the things we found in each of these places ; but I kept them all sepa- rate, the letters found in the portmanteau in one parcel, and those found in the desk in another. The parcels were not libelled. I marked on one of them "trunk," signifyingtheletters there were found in the portmanteau. I knew, of course, that the other letters were found in the desk. M'LaohUn took them to his lodgings, and brought them to the office about 9.30 next morning. There were so many things that it took us some time to mark them. We began to do so four or five days afterwards ; we were not continuously at them ; it took us for eight or ten days. I put " desk, lodgings," "lodgings," and "trunk," according to the place in which they were found— these were our marks. M'Lachlin was with me when I marked them ; and when 1 did so, I handed them to him, and he put on his initials. They were given to the Fiscal when I had finished marking them ; that would be two or three weeks after. The LoBD Justice-Clerk — And during all that period no" person examined the letters to see what information could be collected from them ? Witness — None. The LoKD Justioe-Clbrk— That was an expeditious way of pressing on a precognition in such a case. By Mr Young — I labelled the bottles on the 1st April in my own room, assisted by M'Lachlin. There is nothing on the labels to show when they were attached. The, date " 30th March" on them is the date they were found. Wemade thesearch of the desk in Huggins' before going to the lodgings on the 30th March. The letters were sealed with Huggins' office seal. I have no doubt the letters I got two dfiys afterwards from Mr Wilgo;j to mark wer? 99 those found in itie desk. The handwriting in the letteta was the same as that in the letters found in the desk. I can't say if they were all one handwriting. Taking the letters from the desk and putting them into the box I noticed them to be in a large, legible hand; and I identified them again when Sir Wilson handed over the box to me. ' Re-examined by Mr MAOKBNZlE-^The two bundles taken by M'Lachlin to his lodgings were in the same state next morning when brought to the office, and they were carefully looked up tiU given to Mr "Wilson. M'Lachlin signed all the labels along with me. By Mr Young — I handed the letter I found in Miss Smith's bed-room to the Fiscal, and I saw it in his office. I found more letters than I spoke to in the lodgings. I can't say how many I found in the lodgings, or in the desk at Huggins'. I saw a number of letters found in the lodgings put into a box in Mr Young's room., The letters found at Huggins' were also put into a box in the same room. I never saw any list or inventory made out. AU the bottles which I found I handed to the Fiscal. I found in the press in Mrs Jepkins' house eight bottles. I found a package of powders. I counted these things, and retained them in my memory. Bernwrd M'LacliUn, examined by Mr Mackenzie-^I am an assistant to Murray, Sheriff-officer. I remember going to Huggins' on the 30th March, and taking possession of a number of letters which were in a desk. They were put into a box, which was sealed. I was present when it was opened in the Fiscal's chambers. I did not see the contents then. I went with Murray the same evening to Mrs Jenkins' house, and took possession of various letters, a traveUing-bag, and eight bottles. The letters were parcelled np in two parcels, and I took them to my own house, and next morning I took them to Murray in the same state that they were in the night before — I had never opened them — and he locked them up. I saw them marked afterwards. I was parilicularly careful that the letters were put into the proper edvelopes. The bottles were taken to my house that evening, and b2 100 delivered up next day to Murray. They were afterwards given to 'Wilson in the same state. . I- took po.ssession at , Mrs Jenkins', on the iSfch April, of a topcoat, and on the 14th, of a Balmoral bonnet. [Identifies coat and cap.] I went with M. Thuau to Wo. 7 Bl jihswood Square. He pointed out a window in 'Main Street — one of the windows of Miss Smith's bed-room. , In that room we found two bottles and a photograph. I accompanseij ; Mary Tweedle from Terrace Street, St Tincent's Street, to Blythswood Squaire. At No. 4 Terrace Street I showed Tweedle my watch — it wanted five minutes to four. We went to Blythswood Square, and when we arrived there'it was exactly four. We walked at a Ibisurely pace. Terrace Street is on the other side of SaNiohiehall Street. :By Mr youifQ — The letters found in Mrs Jenkins' J took to my own room ; they were not put in a drawer'; they were left open. My wife was in that room. I coald not say precisely when we marked them. We marked the bottles on the, 1st April, and the letters found in the lodgings might be all marked a week after that j f daresay we began to mark them about the 3d April, t believe they wete all mai-ked within a fortnight, but I am not sure. I may have omitted to mark some, bu,t . ubt to my knowledge ; I was asked afterwards to mart some which I had omitted. They had Murray's initials. Murray brought them to me in his own office. By Mr 'MXoKEI?zie — I was in the room with" the letters all night, and I am .satisfied nobody touched them till they were delivered up to Sfui-ray. The letters I omitted tq mark were found in the lodgings. We visited druggist's shops,' and made inquires as to the sale of arsenic, and as to the register only ; also oil the road to' Coatbridge, and at Baillieston, Bridge of Allan, and Stirling, but we found no entries of sale of arsenic to any person of the name of L'Angelier. By Mr YouNO— Every shop or house 'we went into is marked in the list. By Mr Mackenzie— The houses are the houses of ' doctors yho have shops elsewhere ; we went to tliese ghops too, 101 'The Lord Justice-Clerk— You say you ave an aaeiatant to Murray! Witness — Yes. The LOBD JoallOE-CLEKK — Are you appointed and paid by Murray ? "Witness— Yes. The Lord Justice-Clerk— Then you go about and assist Mui-Tay without any legal authority or character at all. I don't imply that you are not a better officer tlian Murray, but in reality you are not appointed by the Sheriff? "Witness — No. The Lord Justioe-Clkrk— Are you named in any warrant for search ? Witpeas — Not that I am aware of. The Lord Justice-Cleek — Do you execute 'these warrants yourself without Murray '! "Witness — I have always Murray or some other officer with me. The Lord Justioe-Clebk— This system is perfectly new to me, William Wilson, examined by Mr Mackenzie — I am assisliant to the Fiscal in Ulasgo\y. I remember a box being brought to the Fjscal's office. I saw it first in Mr Hart's and Murray's hands. I took posses- sion of its contents, and kept them for two or three days afterwards, and returned them to Murray, with one or two exceptions, to mark and label according to " the place in which he had found them. He returned them with his own and M'Lachlin's initials. I went over them and marked the envelopes with reference to . each other. "With one exception they remained in my custody till they v/ere so marked. The exception is Wo. i03. I took particular care in going over them to mark the letter with reference to the envelope in which it was found. By the Lord JusTiCE-ClfeBK — I labelled them after Murray had initialed them. By Mr Mackenzie— On "Wednesday the 25th March Mr Stevenson brought me seven letters, which I identify. 102 The tourist's bag was opened on the afternoon of the 3lsi March ; they were marked by Mr Hart and myself. Nos. 113 and 125 I believe were found in '.the tourist's bag. The letters found in the lodgings 1 afterwards marked, the letters and envelopes relatively to each other. Murray also brought the bottles found in the lodgings, a cake of cocoa, and two bottles found in the prisoner's bed-room. They were handed to fr Penny for examination. Cross-examined by the De^uj — I am a clerk in the of&oe of Messrs Hart and Young. I hold no official, appointment. I kept the box with the . letters two or three days before giving them over to Murray. They were locked up. I kept them because the officers were actively engaged in prosecuting inquiries into this case. I took no note of the time they were out of my hands ; but I think it would not be more than one or two days. I might give them away on the Friday, and they would be returned on the Saturday or Monday. I cannot say how long they were in Murray's possession ; the steps in the case were so numerous and complicated that I can't recollect. It is not impossible that they might have them for a fortnight, but I think they only had them two or three days. After they were returned by Murray and M'Laohlin, one letter was sent to Edinburgh on the 6th April, the others were examined by Mr Young andmyself, and when examined, those which were considered relevant to the inquiry were selected by Mr Young and myself. Those marked by me were done partly in the office and partly in my house., I believe Mr Young did the same. The selected letters were reported to the Crown and sent to Edinburgh, and the rest were kept in a lockfast place in Mr Young's room. The letters sent to Edinburgh were not returned. They were principal letters. Copies were made of many of the letters, but I cannot say whether the selected letters "were copied in. our office. I can't say whether they w«re copied in the of&oe or taken home by the clerks. I can't say whether the Procurator-Fiscal lodged any of the letters in the Sheriff- Clerk's hands. There are none of the letters, to my knowledge, still in the Prean oi Faculty, The CoUBT decided that the objection to receiving and reading the letters was not well founded. The Loed JnsTiCE-CliEBK, in the course of his observations, remarked that when, on the application of the Procurator-Fiscal, a warrant was intrusted by the Sheriff to officers for execution, a report of the execution of the warrant should be made to the Sheriff. He should have thought that in this case the Sheriff would have asked for the return to the warrant granted, and for an inventory of the documents. He was surprised that this had not been done, and it it was not done because it' was never, done, then he would say that the sooner such a loose practice was corrected the better, and the execution of the warrant for recovery returned to the Judge from whom it issued. His Lordsliip also remarked that the Lord Advocate had in this case acted with a degree of anxiety for the interests of the defender which he had never known before ; for he had given copies of all the letters before the indictment was served, and in a form which saved all difficulty and loss of time in deciphering them on the part of the prisoner's agents. The Court then adjourned till next morning. e2 |132 FIFTH DAY.— Satueday, July 4. The Cpurt mot again to-day at ten o'cloclc, '" Miss Smith pontinued to pxliibittliat wonderful calm- ness and self-possession whioli has characterised tier demeanor from the commencement of the trial. £ach day she has watched narrowly the questions put to every witness ; she has never left the dock, even when the Judges and the jury retired for refreshment, and she has constantly refused to partalce of anything during the day. While some of the letters were being read to-day, she leaned fors?ard in the dock, and covered her face with her hands. Dr Ghristison, examined by the Lokd Advocate— It would be very unsafe to use arsenic as a cosmetic by putting it in a basin of water and washing the face with it. I should expect inflammation of the eyes and nostrils and the mouth to follow from its use. It would be diificnlt to keep it out of the eyes and nostrils, and once in, it being rather an insoluble solid, it would be very difficult to wash it oat. I never heard of its being so used. A pre- paration of arsenic is sometimes used ; the old name for it — Rusma Turcorum— signifies that it was first used by the Turks ; it essentially consists of 'sulphuret of arsenic and sulphuret of lime ; but it is only used for removing hair, not for the complexion. The Lord Advocate — In reference to the statistics of murder and suicide, you were asked the other day whe- ther or not, in the case of a person committing suicide, 133 a greater amount of the destructive element is used than is necessary to accomplish their object ? The Dbai?; objected to this ijuestion, and it was not Cross-examined by the Ueait — The common arsenic of the shops may be said to be an insoluble solid. It is not absolutely insoluble. If put in cold water without repeated agitation, the water will dissolve l-500th part, but if the water is boiled in tho first instance, it will retain, when cold, a 32d part. About l-500th part is all that cold water dissolves, if it is put in cold water originally. It is the worst medium to hold arsenic in suspension. The finer part will remain some time in suspension, and, the coarser part will fall rapidly down. Not much would remain in solution without agitation of the water. , The Dean —Supposing the water were used to wash the face or hands without stirring up the arsenic from the bottom ? ' , , "Witness — Little would be in siispension ; but I can only say that I should not like to use it myself. The Dean — That is quite a different affair. "Witness — I think any person who would use it so would do a very imprudent thing. By the Lobd Advocate — Arsenic is specifically heavier than wajter ; the fine part of the powder will remain in suspension, but not long. By the Dean — I, can't teU how long it would remain in suspension. Speaking on mere hazard, I should say that in the course of three or four minutes scarcely any . of the arsenic would be remaining in suspension. But I am speaking without experiments. By the Lord Justice-Clerk— There has been a great dispute as to whether arsenic has taste, and after the strong observations which I published on the subject, a. much greater authority than myself — Professor Orfila— still adhered to the opinion that it is acrid. All I can say on the subject is, that experiments were made by myself and two others as far as it was possible to make experiments with so dangerous a substance, and we found that the taste was very slight indeed— if anything, e3 134 Svreetish, but all but imperceptible J and no doubt large quantities have been ' swallowed repeatedly without any taste having been observed. I and two other 'scientific men tried it repeatedly with great care, and all agreed in that opinion. Orfila of Paris still maintains that it has an acrid taste. He alludes to my observations, and maintains that it has a taste. But I think I should add it has always struck me as very strange that neither Orfila, nor any others who doubted those observations of mine, have actually made the experiments ' themselves. Orfila does 'not state that he has done so ; ho merely states his belief notwith- standing what I have stated. Of those who have swallowed arsenic, some have observed' no taste; some a sweetish taste, some an acrid taste. If there is anything perceptible in the taste, it is not such that it could be detected in cocoa or coffee. 1 think it very desirable that' my observations on this subject should be thoroughly understood. It has been found that some persons who have taken arsenic largely, without knowing at the time what they were taking, observed no taste, some a sweetish taste, others an acrid taste. But in regard to the acrimony there are two fallacies : — 1st, That they describe as an acrid taste a mere roughness, which is not properly taste at all ; and, 2dly, The burning effects slowly developed by the action of the poison afterwards. By the Dean — In this case last spoken of, the arsenic was given sometimes with simple fluids, such as coffee and water, and sometimes in thicker substances, such as soup ; and I think there is an instance where the rough- ness was observed in the case of porridge. But I do not think the vehicle, as far as I remember, had'any influefice on the~effect produced. The Bean — Can you tell me what the quantities were in this case ?, Witness — Oh, no. The 'Dean— You have no idea of it? Vitness— Not the slightest. The Dean— Are these oases in which you we personally concerned ? ■Witness— I presume you mean very muoh as I am now in this case ; but strange to say I have only actually steen two living cases of persons who had taken arsenic. The Dean — ^Yoii don't think that in any of these oases you saw the patients in life. Witness — In two cases only I did. The Dean — Two of those which you last mentioned ? Witness — ^No. I refer to oases df murder, because in cases of suicide persons know very well What they are taking. ' ' The Dean^ — But you referred to some observations in corroboration of your general view. I want to kiiow if these cases came under yoar personal observation, or are merely recorded ? Witness — ^N'ot one came under my personal observation. The Dean — I see the opinion of Orfila is expressed in ttLe^e words — "The taste is acrid, not corrosive, but somewhat styptic." Witness — ^I think that is pretty nearly a correct translation, but I doubt the translation of the word " acrid." The Frencji word for acrid is " dere." Orfila's expression is " lipre," which rather means "rough." The Dean — In the first volume, at page 377, the tenn used, is " &pre." Witness — I think that is mistranslated " acrid'." The Dean — In the same volume, page 357, his state- ment is " dcre." Witness— That I have not observed,' but his observa- tion which I quote is expressly in reference to the state- ment which I myself made, and he says that, notwith- standing the statements of Dr Christison, the taste of arsenic is " dpre" — I don't recollect the rest of the s^tence. The Dean— Orfila is a very high authority in the chemical world ? * Witness— Undoubtedly. The Dean— None higher, I Suppose ? Witness — In medico-legal chemistry none. The Dean — Tou mentioned some experiments which you had personally made for, the pui-pose of solving this question, and in combination with two other scientific 136 gentlemen. Would you tell me tlie nature of t^ese experiments ? Did you taste the arsenic yourself ? "Witness — ^We all tasted it both in the solid and liquid state, and we held.it as far back along the tongue as we could do with safety 'SO as to enable us to spit it out afterwards. We allowed it to remain a couple of nunutes and then spat it out, and washed the mouth carefully. The DBAN^Give me some idea of how much arsenic would be in the mouth ? Witness— I think about one or two grains. The Deajj — Not more 1 Witness — My late predecessor, D^ Duncan, took three grains, and kept it for a long time. I thought he- was imprudent ; but he agreed entirely with my statement. By the LoKD Advocate — It had not an acrid taste, undoubtedly. In a very large majority of the cases I have referred to, the quantity taken was not ascertained even within a presumption. By the LoKD JusTlOE-ClBEK— Orfila. surrendered his opinion that there was arsenic naturally in the bones of the human body ; he was not aware, at the time of his earlier statement, of one of the materials used in his analysis being subject to adulteration. By the Dean — It is quite new to me that it was thought at one time that there was arsenic in the human stomach naturally. The Lord Advocate then proposed that the letters should be read — which was done by the Clerk. , (We have found it necessary to omit from the letters as read various passages as unfitfor publication, as well as more numerous passages which appear unessential,) The first letter read was one marked No. 1, the postmark of which on the envelope was " 30th April 1855," and which bore to have been posted at Helens- burgh. The f oUo wing i appeared to be the least unim- portant passage : — Mv Dkae Emile,— I do not feel as if I were writing you for the first time. : Though our intercourse has been very short, .yet we have become as familiar friends. May we long continue so ; and ere long may you be a friend of papa's is 137 my most earnest desire. ... I often 'wish you were near us ; we coiild take such charming wallcs. One ertjoys walking "With a pleasant companion, and where could we find one equal to yourself 2 I am trying to break myself off all my very bad habits. ' It is you I have to thank for this, which I do sincerely from my heart. Your flower is fading. '* I never cast a flower away. The gift of one who cared for me, A little flower, a faded flower, Bat it was done reluctantly." I wish 1 understood botany, for your sake, as I might send you some specimens of moss. Papa and mamma are not' goiUg to town next Sunday, so of course you do not come to Row, We shall not expect you. Bessie desires me to remember her to yon. The next was No. 5, pf which this is the oommeuoe- ment : — My Dear Emile, — I think you will agree with me in what I intend proposing— Tiz., that for the present the correspon- dence had better stop. I know your good feeling will not take this imkind ; it is meant quite the reverse. By continuing to correspond, harm may arise ; in discontinuing it nothing can be said. The letter marked JSTo. 7 was objectecl to by the Dean of Facultt as being only the fragment of a letter apparently from the deceased to the prisoner, and found in the deceased's lodgings. .After argument, the Judges retired, and on returning rejected the letter, as being only of the nature of a memorahdum, which might never have been , used. No. 11 was read as follows ; — Dearest Miss Perry,— Many kind tbanks for all your kindness to me. Emile will tell you I have bid him adieu. Papa would not give his consent, so I am in duty bound to obey him., , CoBifort dear Emile ; it is a heavy blow to us both., I had hoped some day to be happy with him, but, alas, it was not intended ; we were doomed to be disappointed. You have been a kind friend to him ; oh, continue so. I hope and trust he will prosper in the step he is about to take, and am glad he is now leaving this country, for it would have caused me great pain to have met him. Think not my conduct unkind; I have a kind father to please. Farewell, dear Miss Perry, and, with much love, believe me yours sincerely, M^IMI. > 138. No. 13, addressed to M. Ii'Angelier at Jersey ; postiiiark, " September 4, '55" :— Monday, 3d. My Deaeest E.1III.E,— How I long to see you. It looks an age since I bade you adieu. ^ Will you be able to come down the Sunday after next. You will be in town by the 14th. I do not intend to say anything till I have seen you. I shall be guided by you entirely, aiidwho could beabetterguide to me than my intended husband ? I hope you have given up all idea of going to Lima. I will never be allowed to go to Lima with you ; so I fancy you shall want to get quit of your Mini. You can get plenty of appointments in Europe— any place in Europe. For my saTie, do not go. . . . It will breals my heart ii* you go away. You know not how I love you, 'Emile. I live for you alone ; I adore you. I never could love another as I do you. Oh ! dearest Emile, would I might clasp you now to my heart. Adieu for to-day. If I have time I shall write another note before I post this. If not I shall have a letter at the garden foi^ you ; so dearest love and a fond embrace. Believe me your ever-devoted and kind MiMI. No, 15; postmark, " 3d Dec, '55" :— Tuesday, two o'clock. My own D-^KLiNa Husband,— I am afraid I may be too late'to write you this evening, so as all are out I shall do it now, my sweet one. I did not expect the pleasure of seeing you last evening ; of being fondled by you, dear dear Emile. Our cook was ill and went to bed at ten. That was the reason I could see you ; but I trust ere long to have a long interview with you, sweet one of my spul, my love, my all, my own best beloved. . . . B. andM. are gone to call for ' the Houldsworths and some others. Never fear me ; I love you well, my own sweet darling Emile. 13o' go to Edinburgh and visit the Lanes ; also, my sweet love, go to the ball given to the oflioers. I think you should consult Dr M'Farlane ; that is, go and see him. Get him to sound you— tell you what is wrong with you. Ask him to prescribe for you, and, if you have any love for your Mimi, follow his advice. And oh ! sweet ^ove, do not try and doctor yourself ; but, oh ! sweet love, follow the M.D. advice. Be good for once, and I am sure you will be well. Is it not horrldcold weather! I did, my love, so pity you standing in the cold last night, but I could not get Janet to sleep, little stupid thing, i . . My own sweet beloved, I can say nothing as to our marriage, as it is not certain when they may go from 139 home— whan I m^y, is uncertain. My beloved, will we require to be married in Edinburgh, or will it do here 1 You know I know nothing of these things. I fear the bans in Glasgow ; there are so many people know me. If I had any other name but Madeline it might pass ; but it is not a very common one. But we must manage in some way to be united ere we leave town. How kind of Mary to take any trouble with us. She must be a dear good creature. I would so like to visit her ; but no, I cannot ; I shall never, never forget the first visit I paid with my ovm beloved husband ; my sweet dear Emile— yyou sweet dear darling. . . But, pet, I must stop, as they will be in shortly. If I do not post this tOTDight you shall have a P.S. Much, much love ; kisses' tender ; long embraces— kisses, love. I am thy own, thy ever fond, thy own dear loving wife— thy Mimi Jj'Angelier. No. 17 ; postmark, " Helensburgh, April 30, '56" : — Tuesday, April 29, 1866. My own, my.Beloved Emile,— I wrote you Sunday night for you to got my note on your birthday (to-day), but I could not get it posted. Disappointment it was to me— but " better late than never." My beloved, may you have many happy returns of this day. ... 1 wish we were more alone ; I wish I were with yoi{ alone — that would be true happiness. Dearest, I must see you ; it is fearful never to see you, but I am sure I don't know when I shall see you. P. has not been a night in town for some time, but the first night lie is oil' I shall see you. We shall spend an hour of bliss. There shall be no risk— only C. if . shall know. . . . I have been reading Blackwood for this month. B. is a favourite publication of mine— in fact, I think it is the best- conducted monthly publication. . , . Only fancy, in tuning out an old box yesterday, I got ah old notebook three years old, and in going over it, many of the pages had the name L'Angelier on them, I did not think I bad been so fond of my darling then. I put it in the tire, as there are many names in it I would not like to see beside your's, my own sweet darling husband. Now, this is a very long letter to-night. I must conclude with a fond, fond embrace^^ a sweet kiss. I wish it were to be given, not sent. , . . 'ifo. 21 ; postmark dated " May 3, '56." Friday. •Mr OWN, MY Beloved Emile,- The thought of seeing you so soon makes me feel happy and glad. Oh to hear, you again' speak to mOj call me your wife, and tell me you lov^ 140 me. Can you wonder that I feel bappy ? I shall be so happy to see yoii. I cannot tell how I long to see you; it looks such an age since I saw you, my own sweet pet. I am well ; cold quite gone. P. has been in bed two daj's. If he should not feel well and come down on Tuesday it shall make no ditf etenoe. Just you come; only darling. I think if he is in the boat you should got out at Helensburgh. Well beloved, you shall come to the gate — you know It — and wait till I come. And then, oh happiness; won't I kiss yoii, ffly love, my own beloved Emile, my husband dear ?• I don't think there is any risk. Well, Tue.5d;ty, 6th May— the gate— half- past ten ; you understand darling. . . . ' My beloved Emile I feel so delighted at the idea of seeing you. I cannot write. I hope you will be able to tell mo that you shall get married in September. Darling, I love you, I shall remain for ever true. As you say, we are man and wife ; so we are, my pet ; we shall, I trust, ever remain so. It shall be the happiest day of my life the day that unites us never more to separate Beloved of my soul, a fond embrace, a dear kiss till we meet ; we shall have more than one love, dearest. From thy own, thy ever devoted and loving wife, thine for ever, ' Mimi. Tuesday, half-past ten o'clock. No. 23; postmark, "Helensburgh, 7th;" month and year illegible : — Wednesday morning. Five o'clock. My own, my Beloved Husband,— I trust to God you got home safe, and were not much the worse of being out. Thank you, my love; for coming so far to see your Mimi. It is truly a pleasure to see my Emile. Beloved, if we did wrong last night, itwasintheexcitement of ourlove. Yes, beloved, I did truly love you with my soul. I was happy; it was a pleasure to be with you. Oh, if we could have remained, never more to have parted. But we must hope the time shall oome. I must have been very stupid, to you las.t night, but everything goes out of my head when I see you, tny darling, my love. I often think I must be very stupid in your eyes." You must be disappointed with me. I wonder you like me in the le^st; but I trust and pray the- day may come when you shall like me better. Beloved, we shall wait till you are quite ready. I shall see and speak t9 Jack, on Sijnday. I shall conaid^' about telling mamma. Butldivn't see any hope from her. I know her mind . You, of course, cannot judge of my parents ; you know them nofe I did not know, or I should not have done it, that I caused, you to pay 141 extra postage for my stupi,d cold letters ; it shall not occur agaia. Darlipg Einile, did I seem cold to you last night ? Xlarling, I love you— you, my own Emile. I love you with my heart and soul. Am I not yonr wife ? Yes, I am. And you may rest assured, after what has passed, I canftot be the wife of any other but dear dear Emile. No, now it would be a sin. ... I dread next winter. Only fancy, beloved, us both in the same town and unable to write or see each other ; it breaks ray heart to think of it. Why, beloved, are we .so unfortunate? They cannot keep us from each other. No, that they never shall. Emile, beloved, I 'have sometimes thought, would you not like to go to Lima after we are married ? "Would that not do ? Any place with you, pet ... I shall always remember last night. "Will we not often talk of our evening meetings after we are married ? Why do you say in your letter— "If we are not married." I would not regret knowing you. Beloved, have you a doubt but that we shall be married some day ? I shall write dear Mary soon. What would she say if she knew we were so intimate ? She would lose all her good opinion of us both— would she not ! My kind love to your dear sisters when you write. Tell me the names of your sisters. They shiiU be my sisters some day. I shall love if they are like their dear brother, my dear husband. I know you can have little confidence in rae. But, dear, I shall not flirt. I do not think it is right of me. I should only be pleasant togentlemen. Free with none, my pet, in conver- sation but yourself. I shall endeavour to please you in this. Npw, will you tell me at the end of the summer if you have heard anyjihing about me flirting ? Now, just you see how good your Mimi shall be., Pet, I see you smile and say, " If she has a chance." Try and trust me, love me. Beloved, adieu. No. 25, a letter bearing to be from the deceased to -the panel, was then offered, but objected to as having been found in deceased's lodgings, and there being no evidence of it having been sent. 'No. 31; postmark, "Helensburgh, lith day of " (month and year illegible.) My own, mv Daeung Husband,— To-morrow night by thiSj time I shall be in possession of your dear letter. I shall kiss it and press it to my bosom. Hearing from you is my greatest pleasure ; it is next to seeing you, ray sweet Ibve . My fond Emile, are you well, darling of my soul? This weather is enough to make one ill, is it not ? We have had 142 ^lost dull wet days, but I have liad time to read and practise, which is a comfort to me. I am well. I am longing $o to see you, sweet pet, to kiss and pet you. Oh for the day when I could do so at any time. I fear we shall spoil each other when w« are married, we shall he so loving and kind. We shall he so happy, happy, in our own little room, no one to annoy us, to disturb us. All to ourselves, we shall so enjoy that day. Ko. 35 was then read : — \ Friday night. Beloved, Dearly Beloved Husband, Sweet Emile,— How I long to call you mine ; never more to le^ve you. What must occur ere that takes place, God only know^ ! I often fear some cloud may yet fall on our path, and mar oar happiness for a long time. I shall never cause you unhappiness again. No, I was unkind, cruel, unloving, but it shall never be repeated. No, I am now a wife, a wife in every sense of the worfl, and it is my duty to conduct myself as such. Yes, I shall behave now more to your mind. I am no longer a child. Rest assured 1 shall be true and faithful wherever you are, dear love. My constant thought shall he of my Emile, who is far, far away. I only consent to your leaving if you think it will do you good— I moan do your health good. Your income would be quite enough for me. Don't for a moment fancy I want you to better your income for me ; no, dearest, I am quite content with the sum you named. When I first loved you I' knew you were poor. I felt then I would be content with your lot, however humble it might be. Yes, your home, in whatever place, or whatever kind, would suit me. If you only saw me now— (I am all alone in my little bed-room)— you would n^ver mention your home as being, humble. I have a small room on the ground floor- very small— sp don't fancy I could not put up in small rooms and with humble fare. But if you think it would do you good— a tour— go by all means for six months or so. I trust you will take great care of yourself, and not forget your Mimi. Oh, how I love that name of Mimi . Ton shall always call me by that name ; and, dearest Emile, if ever we should have a daughter, I should like you to allow me to call her Mimi, for her father's sake. ... As you ask me, I shall burn your last letter. It was my cold which prevented me going to Arrochar. . . . It was again proposed to read No. 25. After debate, the Lord Justice-Clerk and Lord Handyside ruled that the letter coidd mi be received, Lord lyory dissenting.. 143 No.' 37; postmark, "Helensburgh, 15fch Jiily 1856" :^ My Sweet, Beloved, and Deaeest Emile,— I shall begin and answer your dear long letter. In the first place, how are you? Better, I trust. You know I feel disappointed at our marriage not taking.place' in September., But, as it could not, why, then, I just made up my mind to b^ content, and trust that it may be ere long. We shall -fix about that at our next meeting, which I hope won't be long. ... Do not, weep, darling, fond husband, it makes me sad to think you weep. Do not-db it, darling ; a fond embrace and dear klssito you, sweet and much-beloved Emile. Our intimacy has not been criminal, as I am your wife before ttod— so it has been no sin our loving each other. No ; darling, fond Emile, I am your wife. 1 shall cease to be childish and thoughtless. I shall do a^U I can to please you, and retain you traly, dear, fond love. You know I have wished as much as you do to give yon my likeness, but I have not had an opportunity. I proniise to you yon shall have it some day, so that promise won't be broken. If I did not sign my name, it was fpr no reason. Unless it is to a stranger, I never do put Smith, only Madeline. Y''ou shall, dear love, have all your letters back. Emile, love, you are wrong. If I did feel cool towards you in winter, I never gave thought of love to any other. No other image has ever filled my heart since I knew you. ... No. 41 ; postmark, " July, 24," (year illegible) : — Tuesday morning, .July 24. My own Beloved Emile,— I hope and trust you arrived safe home on Monday. I did enjoy your kind visit on Sunday. ... I was not astonished at your thinking me cool, for I really have been in fault. But it is my way. But I must .change it to you. I shall try and be more affectionate for the future. You know I love you dearly. Ah ! Emile, you possess my love. I could not love any other as I do you ; and believe me I shall ever remain true to you. I think a woman who can be untrue ought to bo banished from society, It is a most heartless thing. After your disappointment, dearest Emile, I wonder you would have ' had. any confidence in another. But I feel that you have confidence in me, or you would not love me as you do. I long for the day when wa shall be always together. . . No. 43 ; postmark, " Helensburgh, July '58" : — Saturday Night, eleven o'clock. Beloved and Darling Husband, dear Emile,— I have just received your letter. A thousand kind thanks for 1^ it. It is kind, and I sliall love you more for writing me sudi a letter. Dearest, I do love you for telling me all you thint of me. Bmile, I am sorry you are ill. I trust to God you are better. For the love Of HeaTen take care of yourself. Leave tovfn for a day or two. I am as much your vfife as if we had been marriod a yeiir. You cannot, will not leave me, your wife. Oh, for pity's sate do not go. I wiirdo all you ask, Only remain in this country. i shall keep all my promises. I shall not be thoughtless and indifferent to you. On my soul I love you and adOre you with the love of a wife. I will do anything— I will do all you mention in your letters, to please you, only do not leave me or forsake. I entreat of you,"my husband — my fondly loved Emile— only stay and be my guide, my husband dear. You are my all ; my only dear love. Have confidence in me, sweet pet. Trust me. Heaven is my witness, I shall never prove untrue to you. I shall— I am your wife. No other shall I ever marry. I promise 1 shall not go about the streets, Emile, more than you have said,' We went aboilt too much. I shall not go about much. But one thing you must promise me is this— that if you should meet me at any time in B. Street or S. Street, you will not look on me crossly; for it almost made me weep on the street last winter some- times when you hardly looked at me. . . . Now, Emile, I shall keep all my promises I made to you. I shall love and obey you; my duty as your wife is to do so. 1 shall do all you want me ; trust me ; keep your- self easy. I know what awaits me ; if 1 .do what you disapprove, off you go. That shall always be in my mind. Go, never more to return. The day that occurs I hope I may die. Yes, I shall never wish to look ou the face of man again. You would die' in Africa ; your death would be at my hands. God forbid ! Trust me, I love you ; yes, love you for myself alone. I adore you with ray heart and soul. Emile, I swear to yon I shall do all you wish and ask me. I love you more than life. I am thine — thine own Mini L'Angelier. Emile, you shall have all your letters the first time we meet. It niay cost me a sigh and a pang, but you shall have them all. I wonder what you would do with one of my drawings ; a stupid black Jooking thing. Minnoch left this morning. Say nothing to him in passing. It will only give him cause to say you did not behave in a gentlemanly manner. Do not do it. Hesaidnothing to me out of place ; but I was not a moment with him by myself, I did not wish to be alone with him, . . . 145 No, 47 ; postmark, " Helensburgh, August 11, '56" :— Wednesday afternoon. Beloved and ever Dear EmilBj— AU by myself. So I shall write to you, my dear husband. Your visit of last night is over. I longed for it. How fast it passed ! It looliedbut a few minutes ore you left me. You did look cross at iirst, but, thank Heaven, you looked yourself ere yon left— your old smile. Dear fond Emile, I love you more and more. Emile, I Icnow you will not go far away from me. I am your wife. You cannot leave me for ever. Could you, Emile ? I spoke in jest of your going last night, for I do not think you will go very far away from me, Emile, your wife. Would you leave me to end my days in misery ? for I can never be the wife of another after our intimacy. ... No one heard you last, night. Next night it shall be a different window, that one is much too small. I must see you before yon go to Badgemore. ... I must have a letter from you very soon—the begitiniDg of the week, perhaps Wednes- day, " Miss Bruce, P. O., Row." You shall tell me all your arrangements. No. 49 :— ♦ Thursday evening. MX OWN Dear Emile,— How must I thank you for your kind dear letter ? Accept a fond embrace, and dear )^^a, and assurances that I love you as much as ever, and have never regretted what has occurred. I forgive you freely trom my heart for tliat picture. Never do the same thing again. ... I cannot see you ere you go, for which I am sorry. You forget tliat my little sister is in my bed-room, and I could not go out by the window or leave the house and she there. It is only when F. is away I can see you, for then Janet sleeps with M. You see I cannot see you if you go on Monday; don't write me again till I tell you. If you do not go, write me so as I may not write to Badgemore. ... I did tell you at one time that I did not like Minnocb, but he was so pleasant that he quite raised himself in my estimation. No. .51 ;- postmark, "Helensburgh, 29th Sept. '56 :— I did riot , wiite you on Saturday, as C. H. was not at home, so I could not get it posted. I don't think I can see you this week. But I think next Monday night I shall, as F. and M. are to be in Edinburgh. But my only thought is Janet ; what am I to do with her ? I shall have to wait till she is asleep, which may be near eleven o'clock. But you may be sure I shall do it as soon as I can. . . . Mr Minnoch has been here since Friday. He is most agreeable. I think we shall see him very often this winter. He SB^rs we shall, and P. being so fond of him, I am sare he ishall ask him in often. ... • No.' 5S,'; postmark, " Helensburgh, October" (day and year megible) : — ' Tuesday evening. My Deak Emile,— . . . Our meeting last night was peculiar. Emile, yon are not reasonable. I do not wonder at your not loving me as you once did. Emile, I am not worthy of you. You deserve a better wife than I. I see misery before me this winter. I would to God we were not to be so near the M. You shall hear all stories and believe them. You Will say I am indifferent because I shall not be able to see you much. I forgot to tell you last night that I shall not be able of an evening to let you in. My rooifi is nekt to B. and on the same iioor as the front-door. I shall never be able to spend tho happy hours we did last winter. Our letters I don't see how I am able to do. - M. will watch every post. I intended to speak to you of all this last night, but we were so engaged otherwise. No. 55; postmark, "Helensburgh, Oct. 20, 1856":— . . . Doyouknowlhavetakonagreat dislike to C. H. I shall try and do without her aid in the winter. She has been with us four years, and I am tired of her, but I won't show it to her, so dearest love. No, ,57; postmark^ " Glasgow, November" (day and year illegible) : — Friday night, twelve o'clock. My own Dakling, my Dearkst Emile,— I would have written you ere this, but, as I did not intend. to be out till Saturday, I saw jio, use in vvriting. . . . Sweet love, y«u should get those brown envelopes, they would not be so much seen as white ones put down into my window. You should just stoop down to tie your shoe and then slip it in. I, have been drdered by the doctor, since I came to town, to take a fearful thing, called peasemeal— such a nasty thing; I am to take it at luncheon. I don't think I have tasted breakfast for two months. But I don't think I can take this meal. I shall rijither take cocea. But, dearest loye, fond embraces, much love, and kisses, from your devoted wife, yaur loving and attectionate wife, MiMi L'Angelier. No. 61 ; postiuark, " Glasgow, Nov. 18" : — First letter I have written in Blythswood Square House Qood night, my. very sweet love. 147 No. 63 ; postmark, "^Glasgow, Nov. 21, 'B6" :— Now, about ■writing, I wish you ta write me and giT« me the note on Tuesday evening next. You will, about eight o'clock, come and put the letter down into, the window— (just drop it in— I won't be there at the time)— the window next to Minnoeh's close door. There are twp windows together with white blinds. Don't be seen near the honse on Sunday, as AI. won't be at church, and she will walbch. In your letter, dear love, tell me what night of the week will be best for you to leave the letter for me. If M. and P. were from home I would take you in very well at the front- door, just the same way as I did in India Street, and I won't let a chance pass— I won't, sweet pet of my soul, my only best-loved darling. Now, you understand me, Tuesday evening next, between seven and eight o'clock. Drop the note in between the bars on the street, and I shall take it in. The window with white blind, next to Billy's door. No. 65 ; postmark, " Glasgow, Nov. 30, '56" :— ... I was sorry I said anything about Mary. It was not kind of me. She's your kind and true friend. It was very bad of me, but I was vexed she said she would not write me. I thought she had taken some dislike to me, and would not write me. . She had written me all along, knowing M. did not know ; so I thought it peculiar she .'should drop writing vrithout some other excuse. No. 67 ; "Glasgow, Deo. 5, '56" :— Sweetest, dearest love, if it is more convenient for you to drop ii( my'nbte at six o'clock, do it ; it will suit me just as well. If not six, ^ight o'clock. Will you, darling, write ma for Thursday first. If six o'clock, do it ; I shall look; If not at six o'clock, why I shall look at eight. I hope no one sees you; and, darling, make no noise at the window. You mistake me. The snobs I spoke of do not know anything of me ; they see a light, and they fancy it may be the servants' room, and they may have some fun ; only you know 1 sleep down stairs. I never told any one, so don't knock again, my beloved. ... I wept for hdurs after I received your letter, and this day I have been sad— yes, very sad. My Emile, I love ybu, and you only. I have tr ed to assure you no other one has a place in my heart. It was Mianoch that was at the concert with me. You see I woulcj not hide that from you. EmiJ^, he is P.'s friend, and I know he will have ibjm at the hoi)se ; but need you mind that when X have 148 told' you I have no regard for him. It is only you, my Emile, that I love ; you should not mind public report. You know I am 'your wife, and that we shall shortly be united ; so it matters not. 1 promised you I should be seen OS little in public with him as I could. I have avoided him at all times. But I could not on Wednesday night ; so sweet love be reasonable. I love you, is not that enough ! No. 69 ; " Glasgow, 8 Deo. '56" :— My Dearest Love, my own Fond Husband,, my Sweet EMrLE, — I cadnot resist the temptation of writing you a line this evening. , Dear love, by this time you vrill have my parcel. I hope ere long you may have the original, which I know you 'will like better than a glass likeness. Won't you, sweet love ? . . . Emile, I don't se^ when we are to. have a chance. I do^'t know, but I rather think papa and mamma will go in to Edinburgh with James in January, but I don't hear of them being from home in February. I rather fear we shall have difficulties to contend with ^ but we niust do our best. How am 1 to get out of the house in the morning with my things (which will be two large boxes, &c.), I don't know. I rather think they must go th? night before ; and for that I would try and get the back-door' key. The bans give me great fright ; 1 wish there was any way to get ciuit of them. What stupid things they are ! No.. 73 ; postmark, " Glasgow 17th , 1856" :— My own Beloved, my Darling,— I am longing for Thursday to bring jne your dear sweet letter. . . .' Beloved Emile, I dou't see how wo can. M. is not going from home, and when P. is away Janet does not .sleep with M. She won't Ipave me, as I iave a fire in my room, and M. has none. Do you think, beloved, yon could not see me some nights for a few moments at the 4oor under the front door, but perhaps it would not be safe. Some one might pas's as you were coming iu. We had better not. . . . No. 75 ; postmark, " Glasgow, Deo. 19, 1856" :— My i^ELOVED, MY Darling,— Do you for' a second think I could feel happy this evening, knowing you were in low spirits, and that I am the cause 1 Oh, why was I ever born tb'anuoyyou.best and dearest of meni Do you not wish — Oh yes ! full well I know you often wish you had never known me. I thought I was doing all I could to please you. But no. When shall I ever be what you wish me to be ? Never ! Never ! Emile, will you never trust me— she who 149 is to be your wife ? You will not believe me. You say you heard I took M. to the coucert against his inclination, and forced him to go. I told you the right way when I wrote. But from your statement in your letter of to-uight you did not believe my word. Emlle, I would not have done this to you. Even now I, would write and tell you. I would not believe every idle report. No ! I would not. I would, my beloved Emile, believe my husband's word before any other. But you always listen to reports about me if they are bad,* . , . Oh, wouUr to G-od wo could meet. I would not mind for mamma ; if papa and mamma are from home— the first time they are, you shall be here. Yes, Iny love, I must see you, I must be pressed to your heart. \ . . yes, my beloved, we must make a bold efiort. I shall do it with all my heart if you will. I should so like to be your wife ere they leave town end of March. Oh, these horrid bans. I will go to Edinburgh for 21 days, if that will do. 1 am so afraid of Glasgow people telling papa, and then there would be such a row. You. see, darling, we would have a greater chance of making up if we were o|['than if he found it out before we were married. No. 81 ; postmark, " Glasgow, 28th Deo. 1856" :— Now, I must tell you something you may hear. I was at the theatre ; and people, my love, may tell you that M. was there too. Well, M. was there, but he did not know of my going. He was in the Club Box, and I did net even bow to him. To-day, when 6., mamma, and I were walking, M. joined us, took a walk with us, and came home. He was most civil and kind. He sent Janet such a lovely flower to-night, to wear on Monfiay evening. Now, I have told you this, sweet pet. I know you will be angry ; but I would rather bear your anger than that yon should perhaps blame me for not telling you, as some one will be sure to inform you of ipe. . . . No. 85 ; dated " Friday, Jan. 9 ;" postmark, " Glasgow, 10 Jan. 1857" :— It is past-eleven o'clock, and no letter from you, my own ever dear beloved husband. Why this, sweet* one ? I think I heard your stick this evening. Pray, do not make any sounds whatever at my window. If it were possible, sweet one, would you not leave my notes at six as at ten o'clock ? The mooni up, and it islight. No. 87; postmark, "Glasgow, 11 Jan. '57" : — My own dear Beloved Emile,— I cannot tell you how rry I was las night at not hearing from you. ... If 150 you would risk it, my sweet beloved pet. We would have time to kisp ench otjieranda dear fond embrace ; and tliongb, si^e^t love, it is only for a minute, do yoii not think it is better tban not meeting at all ! . . . No. 89 ; postmark, " Jan. 14, 1857" :— My OWN Beloved Darling Husband;—! have Written Mary a note, and you shall have one too. . . . No. 91 ; postmark, "Glasgow, Jan. 16, 1857" :— Friday, three o'clock afternoon. Mt very Dear Eutile,— I ought ere this to have written you. . . . Well, my dear Emile, you did look cross at your Mini the ofher day. Why, my pet, you cannot expect that I am never to go on St. St. Sometimes I must. It is not quite fair of you. I have kept off that street so well this winter, and yet when you meet me, and the first time you have bowed to me this season, that you should have looked so cross. When I saw you, my little pet, coming, I felt frightened even to bow to you No. 93 ; postmark, " Glasgo^v, 19th Jan. 1857" :— Dearest Emile,— All this day I have wished for you one moment tq kiss you; to'laymyhead on your breast woujd make me happy. , . . I did love you so much la«t night when you were at the window. No. 95 ; postrriark, " Glasgow, 21st Jan. 1857" :— My Dearest Emile,— . . . Why no letter, pel, on Monday night ? It was such a disappointment to your MiAi. I cannot see you on Thursday, as I had hoped^ Jack is out at a party, aud the boy will sit up for him, so I cannot see you. A better chance may soon occur, my dear pet. . . . Mini. No. 97 ; postmark, " Glasgow, 23il January 1857." My Dear Emile, — I was so very ^orry that I could not see you to-night. I had expected an hour's chat with you ; but we must just hope for better the next time. I hope you are well. Is your hand quite better^my dear pet ? . . . I am with nMch love for ever your own dear sweet little pet wife, your own fond Mimi L'Angelier. . . . Emile, my own beloved, you have just left me. Oh, sweet darling, at this moment my heart and soul burns with love for thee, my ' husband, my o^vn sweet one. Emile, what would I not give at this moment tp be your fond wife ? My night-dress was n when you saw me ; would to God you had been in the 151 same attire. We would be happy. Emile, 1 adore you. t love you with my heart and soul. I do vex andanncyybu; but oh, sweet love, I do fondly, truly love you with my soul, to be your wife, your own sweet wife. I never felt so resye.4s and unhappy as I have done for some time past. ' I would do anything to keep sad thoughts from my mind ; but in whatever place some things make me feel sad, A dark spot is in the future. What can it be! Oh God keep it from us. Oh may we be happy. Dear darling, pray for our happiness. I weep now, Emile, to think of our fate. If we could only get married, and all would be well. But alas, alas, I see no chance, no chance of happiness for me. I must speak With you. Yes, I must again be pressed to your loving bosom, be kissed by you, my only love, my dearest darling husband. Why were we fated to be so unhappy. Why were we made to be feept separate. My heart is too full to write more. Oh pardon, forgive me. If you are able, I need not say it will give mo pleasure to hear from you to-morrow night. If at ten o'clock, don't wait to see me, as Janet may not be asleep, and 1 will have to wait till she sleeps to take it in. Make no noise. Adieu, farewell, my own beloved, my ctarling, my own Emile. Good night, best beloved. Adieu, I am your ever true and devoted Mimi L'Angelier. ... I don't see the least chance for us, my dear love. M. is 'not well enough to go from' home, and, my dear little sweet pet, I don't 'see'we could manage in Edinburgh, because I could not leave a friend's house without their knowing it, so, sweet pet, it must at present be put off till a better time. I see no chance before March. But rest assured, my dear love Emile, if I see any chance I shall let you know of it. No. 101; postmark, "Glasgow, Feb. —1857" :— I felt truly astonished to have my last letter returned to me ; but it will be the last you shall have an opportunity of returning me. When you are not pleased with the letters 1 .send you, then our correspondence shall be at an end ; and as there is coolness on both sides, our engagement had better be broken. This may astonish you ; but you have more than once returned me my letters, arid my mind was made up that I should not stand the same thing again. And you also annoyed me much on Saturday by your conduct in coming so near me ; altogether, I think, owing to coolness and indiffe- rence (nothing else),' that we had better, for the future, con- sider ourselves strangers. I trust to your honour as a gentle- man that you will not reveal anything that may have passed 152 between na. I shall feel obliged by yonr bringing me my letters, and litceness on Thursday evening Srt seven. Beat the same gate, and C. Hj, Tvill'take the parcel from yon. On Friday night t shall send you all your letters, likeness, &e, I trust thfit you may yet be hijppy, and get one more worthy of you than I. On Thursday at seven o'clock.— I am, die. '.",".,.. .. ' 'm. You may be astonished at this sudden ihange, but for some time back you must have noticed a coolness in my notes. My love for you has ceased, and that is why I was cool; I did once love you truly and fondly, but for some time back I have lost much of that love. There is no other reason for my conduoti and I think it but fair" to let you know this. I might have gone on, and beconfe your wife, but I could not have loved you as I ought. My conduct you will condemn, but I did at one time love you with heart and soiil. It has cost me much to tell yon this— sleepless nights —but it was necessary you should know. If you remain in Glasgow; or go away, I hope you may succeed in all you* endeavours. I know you will never injure the character of one you so fondly loved. No, Bmile, I know you have honour, and are a gentleman. What has passed you will not mention. I know when I ask you thit you will comply. —Adieu. Ko. 1Q3; postmark, " Glasgow, ,9lh Peb.' '57" ;— I attribute it to your having cold that I had no answer to my last note. On Thursday evening you were, I suppose, afraid of the night air. I fear your cold is not better. I agai^n appoint Thursday night lirst, same place, street gate, seven o'clock.— M. li yoti can bring me the- parcel an Thursday, please write a note saying when you shall bring it, and address it to C. H. Send it by post, No. 105 ; postmark, "Glasgow, 10th ■ •, 1857" : — I , Monday night. Emi^e, — I have just had your note. Emile, for the love you. once had, for me do nothing till I see you. For Q-od's sake do not, bring your once, loved Mini to an open shame. Emile, I have deceived you. I hayo deceived my niother. God knows she did not boast of anything I had said of you, for the poor woman thought I had broken oft' with you last winter. ,1 deceived you by telling you.shei still knew of our enga,gement. She did no,t. This I now confess, and as for wishing for an engagement with another, I do not fancy she ever thought of it. Emile, write to no one— to papa or any 163 other. O ! do not till I see you on Wednesday night. Beat the Hamiltons* at twelve, and I shall open my shutter; and then you come to the area gate, and I shall see you. It would break my mother's heart. Oh, Emile, be not harsh to me. I am the most guilty miserable wretch oil the face of the earth. Emile, do not 'drive me to death. When I ceased to love you, believe me it was not to love another. 1 am free from all engagement at present. Emile, for God's sake do not send my letters to papa ; it will be an open rupture. I will leave the house. I will die. Emile, do nothing till I see you. One word to-morrow night at my ■window to tell me or I shall go mad. Emile, you did love me. I did fondly, truly, love you too. Oh, dear Emile, be not so harsh to me. Will you not ? But I cannot ask forgive- ness— I am too guilty for that. I have deceived. It was love for you at the time made me say mamma knew of our engagement. To-morrow one word, and on Wednesday we meet. I wduld not again ask you to love me, for 1 knew you could not. But, oh, Emile,- do not make me go mad. I will tellyou that only myself and C. H. knew of my engagement toyoti: Mamma did not know since laJst winter. Pray for me— for a guilty wretch— but do nothing. Oh, Emile, do nothing. Ten o'clock to-morrow night— one line for the.love of God. Tuesday morning. 1 am ill. God knows what I have suffered. My punish- ment is more than I can bear. Do nothing till I see you. For the love of Heaven do nothing. I am mad. I am ill.— Sunday night. No. 107 :— . Tuesday evening, twelve o'clock. Emile, — I have this night received your note. Oh, it is kind of you to write me. Emile, no one' can know, the intense agony of mind I have suttered last night and to-day. Emile, my father's wrath would kill me— you little knovv his temper. Emile, for the love you once had for me, do not denounce me to my P. Em^le, if he should read my letters to you he will put me from him— he will hate me as a giiilty wretch. I loved, you, and wrote to you in my iirst ardent love — it was with my deepest love I loved you. It was for yQur love I adored you. I put oh paper what I should' ^not. I .was free because IJoved ,you with .my heart. If he or any other one saw those fond letters to you, what would not be said of me. On my bended knees I write you, and aak you as you hope for mercy at the Judgment Day, do not inform on me— do not make me a public shaine. Emile, my love ,,lo4 has 1>eeii one of bitter disappointment. You and only you can make tbe rest of my life peacefal. My own conscience will be a punishment that I shall carry to my grave. I bave deceired the best of men. fou may forgive mo, but God never will. For God's love, forgive me, and betray me not.. For the. love you once had to me do not bring dpT^ my father's wrath on me. It wiUkillmymoth6r(whoisnotwell.) It will forever cause me bitter unhappiness. I am humble before you, and, crave your mercy. You, can give me forgive- ness, and you, ohygu only, can make me happyforthe rest of my life. I would not ask you to love me, or over make me your vifife. I am too guilty for that., I have deceived and told you too many j^lsehoods for you ever to respect rpie. But, oh ! will you not keep my secret from the world 1 Oh ! will you not, for Christ's sake, denounce me. I shall be undone: I shall be ruined. Who would trust me ? ghame will be my lot. Despise me, hate me, but make me not ,the public scandal. Forget me for, ever. Blot out all remem.- brance of me . . I have . . you ill. I did love ^ou, and it was, my soul's ambition to be your. wife. If^a^'ed you to teU me my faults. You did so, and it made mo cool towards you gradually. When you have found fault with me I have cooled. , It was not love for another, for there is no one I love. My love has all been given to you. My heart is empty,, cold ; I am unloved, I am despised. I told you I had ceased to love you— it was true.- I (pd, no): love as I did; but, oh! till within the time of our coming to town I loved you fondly. I longed to be your wife. ,1 had fixed February. I longed for it. The time I could not ]|»ave my father's house. I grew discontented ; then I ceased to love you. Oh, Emile, this is indeed the true statement. Now you can know my state of mind. Emile, I have siiffered much for you. I lost much of my father's confidence since that September ; and my mother has never been the same to me. Np, she has never given me the same kind look. 'For the sake of my mother, her who gave me life, spare me from shame. Oh, Emile, will you, in GPd's name, hear m^ prayer ? I ask God to forgive me. I have prayed that he might put in your heart to spare me from shame. Never, never, while I live can I be happy. No, no, I shall always* have the thought I deceived you. I am guilty ; it will be a punish- ment I shall bear till the day of my death. I am humbled thus to crave your pardon. But I dare riot. While I have breath I shall ever think of you as my best friend, if you will only keep this between ourselves. I blush to ask you. Yet, Emile, will you not grant roe this my last favour ?— . i5S if you 'will never reyeaJ what has passed. Oh, tot God's sake, for the loye of Heaven, hea^ me. I grow mad. I have Tbeen ill, very ill, all day, I have had what has given me a false spirit. I had resort to what I shouldi not have taken, hut my brain is on Are. I feel as if death would indeed be sweet. Denounce me not. Emile, Emile, think of our once-happy days. Pardon me if you can : pray .for me as the most wi'etched, guilty, miserable creature on the earth. I could stand anything but my father's hot displeasure. Emile, you will not cause me death. If he is to get your letters I cannot see him any more ; and my poor mother, I will never more kia? her. It would be a shame to them all. Emile, will you not spare me this 1 Hate me, despise me, but do not expose me. I cannot write more. 1 am too ill to-night. P.S. — I cannot get to the back stair. I never could see the way to it. I will take you within in the door. The are^ gate will be open. 1 shall see you from my window at twelve o'clock. I will wait till one o'clock. No. 109 ; postmark, " Glasgow, 14 Feb. 1857" :— Saturday. Mt Dear Emile,— I have got my finger cut, and cannot write, so, dear, I wish you would excuse me. I was glad to see you looking so well yesterday. I hope to see you very soon. Write, me for Thursday, and then I shall tell you whein I can see you. T want the first time we meet that you will bring me all my cool letters back— the last four I have written— -and I will give you others in their place. Bring them all to me. Excuse-me more just now. It hurts me to write ; so with kindest and dearest love ever believe yours with love and affection, M. No. Ill :— Dearest Sweet, — Emile, I am so sorry to hear you are ill. I hope to God you will soon be better. Take care of yourself. Do not go to the office this week, just stay'at heme till Monday. Sweet love, it will please me to hear you are well. I have not felt very well these two last days — sick and headache. Everyone is complaining; it must be something in the air. I cannot see 'you on Friday, as M. is not away, but I think on Sunday P. will be away, and I might see yon, I think, but I will let you know. I shall not be at home on Saturday, but I shall say, sweet love, and give you even if it should be a word.- I cannot paas your windows, or I would, as you ask me to dtf U, Do not come and walk about, and become 156 ill again. You did look bad on Sunday night and Monday morning. I think you got sick with walking home so late, and the long want of food, so the next time we meet, 1 shall make you eat a loaf of bread before you go out. 1 am longing to meet again, sweet love. We shall be so happy. I have a bad pen— excuse this scroll— and B. is near me. I cannot write at night now. My hand aches so, and I am looking so bad that I cannot sit up as I used to do ; but I am taking some stuft to bring back the colour. 1 shall see you soon again. Put up witli short notes for a little time. When I feel stroriger you shall have long ones. Adieu, my love,' my pet, liiy sweet Eraile. A fond, dear, tender love, and sweet embrace. Ever, with love, yours. Mint. No. 113 ; postmark, " Glasgow, Peb. 27, 1857" :— ' My Dear, Sweet Emile,— I cannot see you this week, and I can fix no time to meet witli you. 1 do hope "you are better. Keep well, and take care of yourself. I saw you at your window. I am better, but have got a bad cold. I shall write you, sweet one, in the beginning of the week. I hope we may meet soon. We go, I think, to Stirlingsjiire, about the lOth March, for a fortnight. Excuse this short note, sweet love. With much fond tender love and kisses; and believe me to be yours, with love, Mini. Nou 115 ; postmark, " Glasgow, 3d March 1857" :— My Dearest Emile,— I hope by this time you are quite well, and able to be, Out^ I ?aw you at^ your window, but I could not tell how you looked— well, T hope.' I am very well; 1 was in Edinburgh on Saturday to be at a luncheon of forty at the Castle. It was a most charming day, and we enjoyed our trip very much. ■ On Friday we go to Stirling for a fortnight. ' I am so sorry, my dearest pet, I cannot see you ere we go — but I cannot. Will' you, sweet one, write me for Thursday, eight o'clock, and I shall get it before two o'clock, which will be a comfort to me, as I sball not hear from you till I come home again. I will write you, but sweet p^t it may only be once a-week, as I have so mauy friends in that quarter. B. is not going till next week ; M., P., J., and I on Friday. B. goes to the ball next week. I am going to a ball in Edinburgh the end of next week, so cannot go to both, and I would rather go to the one in Edinburgh. I have not seen you all this week— have you been passing ? What nasty weather we have had. I shall see you very soon, wheii I get home again, and we shall be very happy, won't we sweet one ? as much so as tho last time— will we, my pet ! I hope you feel well. I have no news to gvfe you. I am very 157 well ; and I think the next time we meet yon will think I look.bptter than I did the last time. You won't hav^Pi Ip.iter from me this Saturday, as I shall be off; but I shall write the beginning of the week. Writd me for Thursday, sweet lo^e,, and with kind love pver believe mo to be yours with lovfe and affection. Mini. No. 117 ; postmark, " Glasgow, 4tli March 1857" :— Dearest Bmile,— I have just time to write you a line. I could not come to the window, as B. and M. were there, but i saw you. If you would take my advice you would go to the South of England for ten days ; it would do you much good. In fact, sifeet pet, it would make you feel quite well. Do try and do this. You will please me by getting strong and well again. I hope you won't go to B. of Allan, as P. and M. would say it was I brought you there, and it would make me to feel very unhappy. Stirling you need not.go to, as it is a nasty, dirty, little town. Go to the Isle of Wight. I am exceedingly sorry, love, that I cannot, see you ere I go. It is impossible, but the ftrst thing I do oh my return will be to see you, sweet love. I must stop, as it is post time. So adieu with love and kisses, and much love. I am, with ' love and affection, ever yours. Mini. No. 119 was objected to by the Dean, being only a copy taken by a press — and was reserved. No. 121 :— My Dear Sweet Pet,— I am so sorry you should be so vexed. Believe nothing, sweet one, till I tell you myself. It is a repqrt I am sorry about, but it ha^ been six months spoken of,, There is one of thd same kind about B. Believe nothing till I tell you, sweet one of ifiy heart. I love you and you only. Miss A. only supposed, M, never told her. But we have found out that Miss A. is very good at making up stories. Miss A. asked me if it was M. gave me the trinket you saw, and I told her no. My sweet love, I love you, and only wish you were better. We shall speak of our union when wo meet. We shall be home about the 17th, so I shall see you about that time. I wish, love, you could manage to remain in town till we come home, as I know it will be a grand row with me if you are seen there. Could you, sweet love, not wait, for my sake, till v/e come home ? You might go the 20th or so. I would be so pleased with you if you can do this to pleape me, my own dear husband, I shall be very glad to meet you again, and have as happy a KBeting as the last. I have quarrelled with C, H. just now, to eannot see you to-nSght. I shall write you next week, Neither M. nor his sisters go with us. Only M., B., J.; and I^b to-morrow, P. on Saturday night. I hare only been in M.'s house once, and that was this week, and I was sent a message because M. could not go herself. I will tell and answer you all questions when we meet. Adieu dearest loye of my soul, with fond and tender embraces, ever believe me with love and kisses your own fond, dear, and loving Mini. The LoKD Advocate argued that No. Il9 should be read, because it was proved by its contents taken in con- nection with Nos. 117 and 121. The Court then rose for consultation, and, on thpir return. Lord Ivory stated at some length the grounds on which he held the letter to be receivable — although the jury must judge whether or not the letter was actually received. ' Iiord Handyside concurred with Lord Ivory. He regarded the document as intimately connected with other documents already read. It was a tuU and com- plete letter, having a date and a signature. It had been copied by a copying-press, and therefore he inferred its despatch ; while its receipt was proved by the fact that in a subsequent letter various questions asked in it were replied to. The LOBD Justice-Clems: dififered from the other Judges, because therp was no separate and independent proof that the document had been despatched or received by the prisoner ; but he regarded it as of little impor- tance whether it went to 'the jury or not, as the points referred to in it were covered by No. 121. No. 119 :— Glasgow, March 5th, 1857. My Dear Sweet Pet JIini,— 1 feel indeed very vexed that the a,nswer I rooeive'l yesterday to mine of Tuesday to you should prevent me from sending you the kind letter I had ready for you. Tou must not blame me for this, but really your cold, indifi^rent, and reserved notes, so short, without a particle of love in them (especially after pledging your word you were to write me kindly for those letters yon asked me to destroy), ^nd the manner you evaded answOring the questions I put to you in my last, with the reports I 159 hear, fully convinoe me. Mini, that th6i;e is foimdatiou in your marriage with another. Besides, the way you put off our union till September, without a just reason, is very suspicious. I do not think Mini dear that Miss Anderson would say your mother told her things she had not ; ^nd really I could never believe Mr Houldsworth' would be giiilty of telling a falsehood for mere talking. No, Mini, there is foundation for all this. You often go to Mr M.'s house, and common sense would lead any one to believe that if you were not on the footing reports say you are, you would avpid going near any of his friends. 1 know he goes with youj or at least meets you i in Stirlingshire. Mini dear, place yourself in my position, ' and't^.me, am I wrong in believing what I hear. I was happy the last time we met— yes, very happy. I was forgetting all the paat, but now it is again beginning. Mini, I insist on having an etsplicit answer to the questions you evaded in my last. If you evade answering them this time, I must try some other means of coming to the truth. If not answered in a satisfactory manner, you must not, expect I shall again write you personally, or meet you when you return honie. I do not wish you to answer this at random ; I shall wait for a day or so if you require it. I know you cannot write me from Stirlingshire, as the time, you, have to write me a letter is occupied in doing so to others. There was a time you would have found plenty of time. Answer me this, Mini— Who gave you the trinket you showed me ; is it true it was Mr Minnoch ? And is it true that you are directly or indirectly engaged to Mr Minnoch, or to any one else but me ? These questions I must know. The doctor say^ I must go to the Bridge of Allan. I cannot travel SOO miles to the Isle of Wight' and 500 back. What is your object in wishing mo so very much to go south ? I may not go to the Bridge of Allan till Wednesday. If I can avoid going I shall do so for your sake. I shall wait to hear from yon. I hope, dear, nothing will happen to check the happi- ness we were again enjoying.— May God bless you, pet ;' and, with fond and tender embraces, believe me with kind love your ever aliectionate husband, EMILB L'ANGELIEft. No. 121 was then again read. No. 123 ; postmark, " Bridge of Allan, 10 March, 1857" (reached Glasgow 5. 30 P. M. ) :— My OWN BEST LOVED PET.— I hepe'you are well. lam yery well, but it is such a cold place, far ooldSr th^n jn town, 160 ■ I have never been warm since I came here. There are very few people that we know staying in the Tillage. Have you ever Been here, my own dear little pet ? I hope, .^weet one, it may make you feel well and strong again, and that you will not again be ill all the summer. You must try and keep we'll for itt^ sake «; will you, will you, my own dear little Emile ? You love' me, do you not ? Yes, Umile, I know you do. AVe go to Perth this week to see some friends. I am going -' to Edinburgh the end of this month. B. will, I 'think, go too. I saw you pass the momifig we left, and you, little love, passedi the front door, but you would iiot look up, and I didnotknow where ybu were going to. \V6 shall be home Monday or Tuesday. I shall write you, ..sweet love, when we shall have an interview. I long to see you— to kiss and ettibrace you, my only sweet love. Kiss me, sweet one, niy love, my oVn dear, sweet, little pet. I know your kindness vrill forgive me if t do not write you S long letter ; but we are j ust going to the train to meet friends from the north. So 1 shall conclude with much love, tender embraces, and fond kisses. Sweet love, adieu. Ever, with love, yours. < " Mini. No. 125 ; postmark, "Bridge of .Allan, 13bJi,Marohl8S7" (reached Glasgow, 10,45 same night) ::— Dearest and Beloved,— I hope you are well. I am very well, and anxioiis to get. home to see you, sweet one. It is cold, and we have had snow all the week, which is most disagreeable. I feel better since vve came here. I think we shajl bo home on Tuesday, so I shall let you know, my o'wn beloved sweet pet,, when we shall have a dear, sweet inter- view, when I may be pressed to your heart, and kissed by you, my own sweet love. A fond, tender embrace ; a kiss, sweet love. I hope youwill enjoy your visit here. Yon will find it so dull ; no one here we know, and I don't fancy you will iind any friends, as .they are all strangers, and don't appear nice people. I am longing to see yoii, sweet one of my heart, my only love. I wish wg had not come here for another month, as it would have been so much nicer; it would thenbe warm. I think if yoxi' could wait a little. It would do ybu more" good ; but you know best when you can get away. Adieu, my only love, my own sweet pet. 4- kiss, dear love, a teuvler-, embi^ace, Iqve and kisses. Adieu, ever yours, with love and fond kisses. I am ever yours, Mini. Nos. 127, letter of depeascd to Mr Kennedy ; 129,, letter to Mr Kennedy ; and 131, French letter io Mr iJvuan — 161 Were given in — ^having been previously read in the ooUrae of examination of witnesses. No. 133 ; posbmark, " Stirling, 16fcli Maroli 1857" :— My Dearest William,— It is but fair after yoar kind- ness to me, that I should write you a note. Tlie day 1 part from friei^s 1 always feel sad ; but to part from one I lore, as I do you, makes me feel truly sad and dull. My only consolation is that we meet soon again. To-morrow we shall be home. 1 do so wish you were here to-day. We might take a long walk. Our walk to Dunblane I shall ever remember with pleasure. That walk fixed a day on which we are to begin a new life— a life which I hope maybe of happiness and long duration to both of us. My aim through life shall be to please and study you. Dear William, 1 n^ust conclude,, as mamma is ready to go to Stirling. I do not go w ith the same pleasure as I did the last time. I hope you got to town safe, and found your sisters well. Accept my warmest, kindest love, and ever belibve me to be yours with affection, Madeline. Ho, 135, a French memorandum of L'Angelier's address at Bridge of Allan ; and 139, envelope addressed to " M. L'Angelier, Post Office, Stirling. KTo, 137, envelope ; postmarks, " Glasgow, 19 March, 1857"; and "Stirling, 20th March, 9.0 A.M," addressed to M.. L'Angelier at Glasgow. No. 141 J posted at Bridge of Allan, 20th March : — Dear Mary, — I should have written to you before, but I am so lazy in writing when away from my ordinary ways. I feel much better, and Ihopetobe borne the middle of next week. This is a very stupid place, very dull. I know no one, and besides it is very much colder than Edinburgh. I saw your friends at I'ortobello, and will tell you about them when I see you. I should have come to see some one last night, but the letter came too late, so we are both disap- pointed. Trusting you are quite well, and, with kind regards to yourself and sister, believ^ me, yours sincerely, P. Emile L'Angelier. I shall be here till Wednesday. No. 143, letter to Mr Stevenson from Bridge of Allan, formerly read. No. 145, letter to Mr Kennedy from Bridge of AUan, fonaerlyread, postmark, " Bridge of Allan, 20th March." 162 No. 147, lette* from Mr Stevenson to M. L'Angelier, posted at Glasgow, 21st March 1857, at night, and reached Bridge of Allan 9 A.M. next morning. No. 149; letter from the panel to.L'AngeUer at his lodgings, Glasgow, with postiuavk " Glasgow, March 21, 1857":— ' ' , , ' Why, my belovedj did you. not conie to me? 01^ my beloved, are you ill?. Come to me. .Sweet one, I TOited and waited for you, but you came not. 1 shall wait again to-morrow, night— same hour and arrangement. Oh, come, sweot, love,, my own dear love of a sweetheart. Come, beloved, and clasp me to your heart ; come, and we shall be happy. A kiss, fond love. Adieu, with tender embraces. Ever believe me to be your own ever dear, fond Ml,Nl. No. 153-— Envelope only, posted a;t Glasgow, March ,21, 1 857 ; reached the Bridge of Allan early on the morning of the 22d March,; addressed, ". M. .L'Angelier, Post ' Office, Bridge of Allan." The Lord Advooatb put in three Edinburgh Almanacs ; and then proposed to, read the memoranda in L'Angelier's pookert)ook, from 16th February to 14th March 1837. He maintained that he had already laid a sujBcient foun- dation for these memoranda. It was proved that they were in L'Angelier' ^i owci himdwriting, and he submitted that these wera statements by himself of what he did on those days. Mr Young said the book was tendered to prove that the matters entered did occur in point of fact ;. but this was not a book regularly kept, and the corroborative, evidence was not sufficient, while one entiy on 22d February was actually contradicted by the witnesses examined. The SoLioiTOE-GrENER-iL and the Dean of IVpuLTT wore then heard on, the point. The Dean referred to one of the entries of 5th March, "Saw Mini;,, gave her a note, and receive.'! one," and argued that this entry was contradicted by the letter No.. 119, which had already been put in evidence. ■ .^i ., The Court retired to consider the point, and on jiheir return 163 The Lord JtisiiCE-CLEBK said they wished to take more tame to decide upon it, and that they would be glad if either party conli^ assist them with authorities by Monday. Tho Loud Advocate said he had other evidence which he could not adduce till this point was disposed of. If the memorandum-book was received he should be ready to close. His Lordship then stated that he had included in the list of witnesses all tho members of Miss Smith's family. He did not propose to examine theui, for very plain and obvious reasons. There were questions which it was important to ask them,' but he thought it was only right that he (the Lord Advocate) should not put them in the witness-box. If, however, his learned friend on the other side wished that he should do so, as part of the Crown case, he was quite ready now to call them. The LoKD Justice-Clerk — That course is open to the prisoner. The Dean of Faodlty — And that course I shall follow. I In consequence of the severe illness of a relative of one' of tlie jurymen, the Court permitted him to visit her to-morrow, under charge of the Clerk, Mr Neaves. The LoED Advocate stated that if the memorandmu- book was received, the case for the Crown would close with the evidence of Mrs Anderson, who had becntakeu so unwell that she had been unable to attend. If she were able to attend, he would examine her ou Monday morning. Tliat would be the whole case for the Crown, unless, as he had said, that document was rejected. The Bbaiv" of Faculty suggested that the Lord Advocate should give him some idea what he would do in the event of the document bemg rejected. The LoKD Advocate, in reply, said he was afraid he could not do so now, but he would communicate with hib learned friend. In reply to a juryman. The Dean of Faculty said that he could not under- take to say that the case woul^ be closed before Wednesday. 161 The LoBD Jdstice-Clerk remarked that, in a case of such importance, he could not be expected to go on with his charge immediately after the speeches on both sides were concluded. The Court then adjourned till to-day at ten o'clock. 165 SIXTH DAY.— Monday, July 6. The Court met this morniEg at tea o'clock, and pro- ceeded to decide on the admissibility of the memorandum- book of the deceased L'Angelier. The Lord Justice-Clerk and Lord Handyside held that it was not admissible, Lord Ivory -was of a different opinion. The LoED Justice-Clerk said he did not know that any point of greater importance ever occurred in any criminal trial ; and the Court were in this unfortunate position in one respect, that they had no assistance frpm any authorities. The admission of hearsay evidence was an established rule in the law of' Scotland, but under those restiictions and conditions which he had occasion fully to state in the case of Gordon — ^restrictions and conditions which went in many circumstances to the entire rejection of the evidence. What was now proposed to be admitted was this — certain memoranda or jottings made by the deceased, in which certain things were said to be contained, which went directly to the vital part of this charge. The,Dean of Faculty felt that so strongly that he did not scruple to state what the purport of one of these was. In order to show the immense materiaKty of the point. It was certainly most important for the Court to take care that the rules of evidence were not relaxed merely because it appeared that the matter tendered was of the highest importance in the case. Before evidence could be received and allowed to go to a jury, it must be shown that such r3 . '166 evidence was legally competent to be tendered againBt the prisoner. That was the rule also in civil cases. It was of vital importance in considering whether this evidence Avas admissible, to ascertain in frhat circumstance, and, if possible, from what motive, and at what periods these entries were made. Now, it was a most remark- able fact that there was no entry regarding the prisoner, or the circumstances connected with the prisoner, before the 11th of February, and at that very time the purpose on her part of firealiing off the erigagein'ent' with him and of demanding back her letters had been communi- cated to the deceased; and his purpose and resolution not to give up' the letters and to keep her to her engage- ment were avowed and made known, as it Appeared from the evidence prior to that daite. Then ho had a purpose in writing these memoranda — a purpose, obviously, to endeavour to strengthen his hold over the prisoner; not only by refusing to give up the letters at that time and afterwards, but probably with the view to hold out that he had a' diary as to tbeir inter- views and ooliimunications, so as to endeavouir" to effect his object of preventing the marriage, stad of terrifying- her into giving' up her engagement with Mr Minnooh. He (the Lord' Justice-Clerk) made this observation not merely with regard to' the weight and credibility of these entries, but with regard to their admissibility, because in the case of hearsay evideiice one could ascertain' from the witnesses the time ifhe statement was made, all the circuiiistancos and all the apparent motives which could be collected as to the statement being made by the deceased. But when we could not know with 'cfertai'nty the motive with which the man mads the entry, or, perhaps, as in this case, could perceive reasons why he made the' entry as aigainst her, intending to prejudice her in one way, not of course with reference to' the prospect of such a trial as this, but with reference to her engageinent, he thought it could not'be said ■ that this caine before the Court as a statement recorded- by him as to indifferent matters, or as to matters in which he Inight have not had a strong purpose in making the statement. Further, it might 167 be a record of a past act. He felt the force of what the Lord Advoo^be had so forcibly stated, that supposing ia tliis hook there had been an entry that this man purchased arsenic, would not that have been avail- able in favour of the prisoner. An illustration of this point had been suggested to his mind by a person whose authority and experience were of the very highest : take an action of divorce" against the wife where the paramour' was (Je,ad ; would an entry in any diary of his that ha had enjoyed the embraces of this woman in her husband's absence b'n such a night be proof against thq wife ? He thought liot. "What was 'propased in this case was to tender in evidence a thing altogether unprecedented according to the research of the bar and bench, of which no trace or indication occi^rrei in any book what- ever — viz., that a memorandum made by the deceased should be proof of a fact against the panel in a charge of murSer. He was unable to adniit siich evidence ; it migh\ relax the' sacred rules of evidence to an extent thatithe mind could hardly contemplate. One could not tell Jjow many documents might exist and be found in the repositories q£ a deceased person ; a man might have threatened another, he might have hatred against him, and be deterrnitied to revenge himself, and what entries might he not make in a diary for this purpose ? He had a faint, recollection of a case in 1808 — the trial of a man Patch for murdering Page, or of a man Page for murdering Patch — in which some letter of the murdered man, prior to his death, was used ; but he had been miable to find the case, and he had no notion if it was of the character . he had alluded to. However, in the meantime, as the point was perfectly new, and as it would be a departure from what he considered to be an important principle in the administration of justice, he thought this evidence could not be received. Lord Handtside said — W'e are asked to receive as evidence for the 'Crown a pocketbook contaijiing an almanac or diary for 18.57, in which certain entries are made, opposite to certain days of. the week, from February 11 to March 14. I mention these extreme dates, first, because they include the period of the only 168 entries in the diary— the entries not beginning with the commencement of the year ; and, second, because the peridd during which the entries are made lias "reference only to the first and second charges in the indictment. The third charge, as to time, is subsequent to the entries ceasing to be made. The special point is, whether the entries of certain dates— two in number — are to be read, and made evidence for the prosecution, as regards the first and second charges in the indictment. The whole of the entries hare been written with a lead pencil. I notice this to make the observation that ink and penmanship afford to a certain degree a means of ascer- taining whether entries are made de die m diem, thus having the character of entries made daily ; or, on the contrary, of several entries having the appearance,, by change of ink or of pen, of being made at one time, and so from after recollection, "Where all the entries are in pencil, there can be no security asto the time when the entries are, in point of fact, inserted, and that they are not ex 27pst facto ; or that the original entries have not been expunged, and others substituted in their place — whether this be in correction of memory, or with purpose and design of ariother character. The party making such entries in pencil has entire power over what he has done ' or chooses to do. But, waiving this peculiarity in the present case, the general point is presented for determi- natiqn, whether memorandums of a deceased person, setting forth incidents as having occurred of particular dates, and connected with the name of an individual, are admissible as evidence to support a charge in a criminal case ? So far as my knowledge goes, this is a new point. We have received no assistance from the bar by reference to any authority either direct or illustrative. Wo case has been cit^d to us bearing upon the subject. And having taken some pains myself to search for authority and pre- cedent, I have been unsuccessful in finding either to/ guide us. If the fact be so, undoubtedly it is a circiimstance on which the objector to the admission of the evidence is entitled to found, as shifting from him to the prosecutor the burden of showing that such evidence ought to be received. I think the question is one of great difficulty 169 — at least I have found it to be so. Had the writer of the memoraQduius been living, they could not have been made evidence — of themselves they were nothing. They might have been used in the witness-box to refresh the memory, but the evidence would still be parole. What would be regarded would be the oath of the witness to facts, time, and person ; and if distinct and explicit, though resting on memory alone, the law of evidence would be satisfied, irrespective of any aid by memoran- dums or letters, though made at the time. It is the oath of the witness to the verity of his oral statement in the box which the law requires and regards. But if the writer has died, is this circumstance to make such memorandums thenceforward admissible as evidence by their own weight ? Are they, the handwriting being proved, to be treated as written evidence ? That would be a bold propjsition. Death cannot change the character originally impressed upon memorandums, and convert them from inadmissible into admissible writings. They are private memorandums, seen by no' eye but the writer's ; as such, subject to no check upon the accuracy of their statements, whether arising from innocent mistakes or from prejudice or passing feeling. I do not say that they are to be supposed to be false and dishonest, for the idea is repugnant, from the consideration that it would be idle to falsify and invent when memorandums are intended to be kept secret by the writer. T5ut it is quite conceivable that vanity might lead to statements being made wholly imaginary, with a view to the subsequent exhibition of the book, and were its admissibility as evidence set up by death, it might become a fearful instrument of calumny and accusation. I speak just now of private memorandums diaries, and journals, taken in the abstract. As to other writings of a deceased person, such as letters, I do iiot say these may not become admissible as evidence by reason of death, though during life they could not be used. But here the principle suggests itself that these writings have been communicated before death to at least another person. They thus become analogous to words spoken — to representations made and conversations held — by a deceased person, the proper subject of hearsay 170 evidence;. It was contended that the principle on wjiioh hearsay evidence is admitted should extend to anything written by a dpoeased person. It is assumed to -t>e a declaration in writing of whf t if spoken would, have been admissible on^ the testimony of the persop hearing; it. And on a first view it, would seem that the written, mode is superior to the oral, from the greater certainty that no mistake is committed as to the words actually , used. Slit this -n^ould be a fallacious grgund to rest on, for words written would require to be taken as they; stand, without explanation or , modification ; whereas words spoken to another are subj eot to the further inquiry by the party addressed as to the meaniiig of the speaker, an4 to a sort of cross-examination, however imperf ept, to vi;hiph ^he hearer mayput the speaker in order to a better or thorough understanding of ilie subject of communication, the, object of making it, and the ground^ on which the speaker's statements rest. ,_ ,And all ■ these ,thjj)gs may be brought out in the examination of the witiiess who comes into Court to give his heai'say evidence. The y^lue of hearsay evidence, and the weight to be given to jt, gomes ,thu?^ to depend much on tho accovint which the witness gives of - the, circumstances , under which the; communication \yas made to him — as to, the seriousness of tho statement and what, folio wed upon it in the .way of inquiry and reply. !N"ow a mere writing in th,p way of memorandum or entry in, a book in the sole custody of the writer till his death can bo subject to no such tests. Jts very nature ■ shows that it is not intended for communication. , It may be an idle, purposeless piece of iwritlng; or it may be a record of unfounded suspicions and malicious charges, treasured up by hostile and malignant feelings i» a moody spiteful n\ind. These views impress mo strongly with ^h,e. danger of admitting a private journal, or diary as evidence ,to support » criminal charge.: I think the question now before us must be decided as a general point.. As such I take it up. If I were to confine myself to the special and peculiar circumstances of tliis case, I should see much perhaps to vindicate tho Court, in the reception of tho evidence tendered. There is to be found in the letters wbioji have been already made evidence 171 touch to give corroboration or verification to some at leaat of the entries in the pooketbook. Bat I feel compelled to clqse.my mind ag3,ijist such considerations) ^nd to look, above all to a ,gei),eral and, therefore, safe rule by which to be guided. X have come, therefore, to be of opinion that the production tendered as evidence in the case in support, as I take it, of the first and second charges, ought to be rejected. Lord IvoET said the opinions which had just been given had relieved his mind of a burden of responsibility under which he had laboured, and which he was ill able to bear. He had given the most anxious, serious, and repeated consideration to this matter. He had found little or nothing in the way of aiithority, and no dicta so precisely bearing on this case as to be of any avail. But, judging in the abstract, applying the rules as applied to other cases, endeavouring tp find a principle by comparison of the different 'classes and categories in which evidence had been distributed and in which evidence had been received, he felt himself totally unable to come to a conclusion that the evidence of this document should be excluded from the jury. As his opinion could not in the least degree infiuence" the judgment, he should be sorry to add anything that should even seem to be intended to detract from the authority of that judgment now given ; least of all should he be disposed to follow such a course in a capital case, where the judgment was in favour of the prisoner. He would content himself, therefore, with simply expressing his opinion. It appeared tp him that this document should have been admitted valeat quantum, and that the jury should have considered its weight, and credibility, and value. , The LOED Advocate then put in evidence the fol- owing portion of letter No. 79, viz. ; — Monday. If P. and M. go, will you not, sweet love, come to your Mimi? Do you think I would ask you if I saw danger in the house ? No, love, I would not. I shall let you in ; no one shall see you. We can make it late— twelve, if you please. You have no long walk. No, my own beloved ; my sweet dearEmile. Emile, I see your sv/oet smile. I hear you say you will come and see your Mimi, clasp her to your bosom. 172 and kiss ber, call her your own pet, your wife. Emlle will not r«fnse me. . . . I need not wish you a merry Christ- ^ mas, but I shall wish that we fcoay spend the next together, and that wo shall then be happy. Mrs Janet Anderson, examined by the Lokd AdTOCATE — I am acquainted with the prisoner. I recollect meeting her at a party in my house on the 5th February. I met her also at a .party at Mrs "Wilkie's shortly before she was at my house. She had a iiecklace on. I asked from whom she had got It ? She said she had got it from papa. I asked if she had got it from Mr Minnoch ; and she denied that. I don't recollect if I spoke of this to any- body ; I inay have mentioned that I thoaght she got it from Mr Minnoch. The Lord Advocate then intimated that this closed the case for the Crown. Its. EXCULPATORY EVIDENCE. The Dean of Faculty stated that in the course of the examination of some of the first witnesses reference would be made to affairs of some little delicacy, in which L'AngeUer had been engaged in some preTioua part of his life; }>nt he was extremely unwilling to drag names before the public in this examination, and he hoped his learned friend the Lord Advocate would assist him in this. RdbeH Baker, examined by Mr YotiNG— I am a grocer at St Helen's, Jersey. I lived in Edinburgh at one time, and acted as waiter in the Eainbow Tavern. When there I was acquainted with L'Angelier. That was in 1851. He lived in the Eainbow between six and nine months, as far as I recollect. He was there until the time he went to Dundee. He and I slept together. The tavern was kept at that time by an uncle of mine, Mr George Baker. L'Angelier's circuidbtances were then very bad ; he was living on Mr Baker's bounty ; he was waiting there till he got a situation. I took him to be a quiet sort of person. I did not know much of his ways. I was hot much out with him. He was very easily excited. He was at times subject to low spirits ; I have seen him crying often at night. Latterly, before he went to Dundee, he told me he was tired of his existence and wished himself out of the world ; he said so on more than one occasion. I remember on one occasion he got out of bed and went to the window and threw it up. I rose 6ttt oi bed and went to him, and he said thai if I tiad not disturbed him, he would have thrown himself out. The windows of the Eainbow are about six storeys from the ground — ^the height of the North Bridge, indeed. He was in the habit very often of getting up at night, and walking up and down the room in an excited statBj weeping very much. I happened to know that he had at that time met with a disappointment in a love matter. He did not tell me so himself, but I heard my uncle talk of it. T heard L'Angelier speak to other people about it. Lfc was about some lady in Fife. Mr Young — You need not mention names. I think we shall be able to speak of her as the lady in Fife. Examination oontimied — He was in distress about not having a situation, in order to enable him to keep to his engagement with her. I did not see hiin weeping on that subject. "When he said he would have thrown himself over the window on the occasion I have spoken of, he was not crying; he was very cool and collected ; and did not seem at all excited or agitated when I spoke to him. I thought he was in earnest ; he had. talked about it so often before. We were Jn the habit of taking walks together in the morning before business began. We have walked to Leith Pier ; when there, he said he had a great mind to throw himself over one morning, because he was quite tired of his existence. I have seen him reading newspaper accounts . of suicide ; and I have heard, bim say that, here was a person who had the courage that he should have had ; that he wished lie had the same oonragei or something to that effect. Cross-examined bytlie Lord' Advocate — I believe he was a Jersey man ; I met him in Jersey once before I was in the Rainbow, fle did not come there because I bad' seen him in Jersey.' He had been living in Edin- burgh before I saw him. I had seen bim on a visit iar ■lersey. -By the Loud Justice-CtjEEK — I saw him in Jersey in ' 1846, 1 think. ' ' . , '' , _ ByMrS'ouNO — ^Ireogived this letter (No. 1 oJE prisoner's inventory) from L'Angelier at JDundee. It has no date ; it wafj shortly after he left the Rainbow. In this letter 175 he says, " 1 never was so unhappy in my life ; I wish I had the courage to blow my braiuii out." Wm. Pringle, Laird, exaniiued, by Mu Yot'Nci — 1 am a nurseryman in Dundee. I was acquainted with the late Emile L'Angelier. I knew him when in the service of Dickson & Co., Edinbm-gh, about 1843. In 1852 1 took him into my own employment in Dundee. He had been away from tho Dicksons before that, - and liad been in Franco. He oame to me between the 12th and 20th January 1852 — on Old Hansel Monday. He remained till the end of August or the 1st of September. He was a very sober young man, and very kind and obliging ; rather excitable and dhangeable in his tamper, and sometimes very melancholy and sometimes very blythe- some. tVhen he came to me in January he had a cold ; he Was unwell, and very dull. He did not tell me at first, but shortly after he told me of a cross in love that he had got. He assisted me in the seed-shop chiefly ; sometimes he wrought at light work in the nursery too. It was a fortnight or a mpiith after he oame that^ he said ho had been crossed in love. He told me it was reported the girl was to be married to another, but that he could scarcely believe it, because he did not think she could take another. 1 understood that that was because .she was pledged to him. He told me who she was. [Mr ToUHG — I don't want her name.] I believe she was in the middle station of life. After this I saw her man'iage in the newspapers. I got a letter from my brother in Edin- burgh asking if L'Angelier had seen in an Edinburgh newspaper — in the ScoUman — a'notiee of the marriage. L'Angelier did seethat notice. I know William Pringle ; he was my apprentio^ at the time. Either Pringle or some other apprentice told me of something L'Angelier had done about that which led me to speak to hinj. I told him I was sorry to see him so melancholy and aad, that I was still more so to hear that he had taken up a knife to ptab himself. He said very little, and was very dull. I iaid what I could to soothe him. He said he was yenr miserable, ajjd thf^t he wisJvsd Ije was out of the 176 world, or words to that efifeot. He w;as in a very melancholyi state after this. He was gloomy and moody, and never spoke to any one. I had Irequeut converaa- tiou with him — several times every day. Mr TOUNS — From these conversations, and all you had seen of him, did you think he had any religious principle about him to deter him from committing suicide ? Witness — He attended church regularly, but did not show anything particular about religion.' But he was very moral, so far as I knew. Examination continued — He often told rae of being in France during the Eevplution of 18i8. He said he was in Paris at that time. He told me he was engaged in the devolution ; he said he was a member of the ItTatioual Guard. He was rather a vain man. I don't recollect his wages with me ; he came to me as an extra hand When he was o^it of employment. I said I would give him bed and board and something more ; and I think he got bed and board and 8s. or 10s. a-week. William Pringle, examined by Mr TODNG — ^I was in the service of Mr Laird in Dundee in 1852. I knew L'Angelier there. We both liv^d in Mr Laird's house. I had frequent conversation with L'Angelier.- I remem- ber telling him that I had heard of a certain marriage in the newspapers. I said so in the shop. I said that such a lady was married, and he seemed very much agitated. Mr youNO — How did his agitation show itself ? Witness — He ran once .or twice behind the counter ; then he took hold of the counter knife. He did not point it at himself, but he held it out. When I stepped for- ward he put it down again. I don't remember what he , said. I don't think he was shedding t?ars. I did not observe him crying. He was particularly melancholy for some time after this occurrence. He slept with me. I was a little afraid that he might do himself some mischief. By the LoBD Jtjstiob-Clerk — I was then sixteen years of age. 177 Andnvi Watson Smith, exammed by Mr YonuG — I am an upholsterer in Dtuj.e Lord Advocate— You did not recollect the laudanum on that occasion. Did you afterwards ? Witness — Yes. The ioRD Jcstice-Clekk^Is that laudanum entered ■ in your book ? Witness — We never, enter it. The toRD Justioe-Cleek — Why not? Witness — It is not required. The Lord Justice-Clerk — I don't mean in your register. Witness^We never put it down in any book. By Mr Young — ^We only enter in our books the sales of arsenic. It is not the practice to do so in any other druggist's shop with which I am acquainted. I was not preoognosoed on the other side here. I was examined by the Procurator-Kscal on Thursday last. I was not examined in any different way by Mr Miller from what I was by the Procurator-Fiscal on Saturday. By the LORD Advocate — My shop is about 600 or 700 yards" to the west of the inn, in the Glasgow direction. The Lord Justice-Clerk — It might be a resemblance of any of th^ mustached gentlemen, that walk about the streets'. What is peculiar about it ? Have you any feeling of assurance in your mind that that is the man yon saw in your shop ? • Witness— No ; I oo^ld not be certain. The Lord Justice-Clerk — Have you any assurance at all in your own mind ? Missing Page 194 seen a portrait. When I came here I was shown a photograph. [Shown photograph.] This is extremely like the person. who called at my shop. I think he had a white pookethandkerohief in the outside breast-pocket of his coat. By the Solicitob-Genekal — I fa on the end of March because one or two Sundays about that ■ time I was at home ; on others I was out visiting. It might have been in April. I don't think it could have been in the beginning of March. I cannot say distinctly as to the time ; as to the Sunday I can't say distinctly. I was asked by the Procurator-Fiscal about the time, and I said it was from two and a-half to three months ago. I think his coat was of a darki^ colour, but I eould not say. There was no person wiffi him in my place. I did not see him in the street. I did not see if any one was with him. It struck me that he spoke in a slightly foreign accent. By Mr YoDNO— My shop is off the high road ; it is 200 or 300 yards off it. _ > By the Lord Justioe-ClEeei — If a person wanted medicine on the road he would require to come to my j shop; thereris no other medical man there-^the mightl have left a companion on the high road andireturned to^ him. He took the laudanum. -.'A '[ Dr Adams was recalled and asked by the LoBD JusTiOE-CLERK^Did this person complain of anything ? "Witness — T^o, my Lord. . The LoKD Jdstiob-Clekk — Did he' swallow the laudanum. Witness — Yes. The Lord Jdstioe-Gleek — Did you not askihim what he wanted it for ? Witness — "So, TD.y Lord. ' Mrs Kirk, examined by Mr Young— I am a of Dr Kirk, who keeps a druggist's shop in the Gallowgate, Glasgow. It is on the north side. I know Abercromby Street. It is west of that Btreet. I remember a gentleman coming into the shop 195 on a Sunday night some time ago ; I can't lemember the date ; I think it was in March, but I oap't say what day of the monthj I think it was about the end of the month. It was a little before or after eight o'clock. He wanted medicine ; I don't lemember what medicine. He got it, but he did not take it at the counter. He took it away with him. I think it was a powder that he got, but I can't say what. I served him. I can't well describe hun. He was a young man about .thirty.^, He was not a tall man — ^rather to the little side. He was not very thin. He had a fresh and rather fair complexion. He wore a mustache. He had on a Glengarry bannet, but for the. rest of his dress I could not say what it was. (Shown photograph.) It is as like him as anything I have ever seen ; it is as good a like- ness as I have seen. I was struck by his appearance at the time, and I noticed it particularly. He paid for the medicine. - He took the money from a little purse. (Shown ilo. 1 of second inventory.) This is the purse. By the LoBD Advocate— I think this happened in March. The gentleman was alone. He was about five minutes in the shof>. ' I think that is the purse,. I c^n't remember what the medicine was. V did not enter it in any book. J did not enter the money in any book. "We don't enter the money got over the counter,. There was nobody else in the shop selling anything ; there was a woman in ; I don't know who she was. I was asked if a gentleman had called buying medicine. I had not said there was anybody buying medicine before I was asked. I was asked about a fortnight or three weeks ago. By Mr TouNG— There was a woman in the shop at the time ; she spoke of the appearance of the gentleman at the time. The remark was about his dress. She spoke of the hair about the' lower part of his face — his beard',. That was after he went out. He did not appear to be a foreign gentleman — such as I have seen. Bohert Morrison examined by Mr Young — I am in the employment of W. &, E. Chambers, publishers and editors of Chamber!?! Jownal. [Shown four numbers of 62 196 Chamher^s Journal.'] These were published in the usual way of the dates they bear. The present circulation is about 50,000. The first of these numbers is December 1851 ; the second is June 11, 1853 ; the third, January 9, 1856 ; and the foui-th, July 19, 1856. There is an article in each of these numbers on the use of arsenic. I am not aware that they excited a considerable sensation. George Simpson, examined by Mr Young — I am in the employment of "W. Blackwood & Sons. [Shown Black- wood's Magazine fpr December 1853.] Tliis was pub- lished by us. The circulation then was about 7000. Messrs Blackwood were also the publishers of the " Chemistry of Common Life," by Professor Johnston. It was published in 1855, but it had before been publi^ed in numbers, which had a very large circu- lation, varying from 5000 to 30,000. The circulation of the separate volumes I suppose has been about 10,000. In Chapter 23d, " The Poisons we Select," the first part is entitled " The Consumption of White Arsenic." The number containing that article sold to the extent of 5000, and the sale altogether to the present time of that number and the volumes is about 16,000. There was a larger sale of the first volume than of the second. The Dean of Paculty then put in two letters; the envelope. of the 1st dated "September 18, 1855," and read the letter as follows :— Beloved Emile,— I have just received your note. I shall meet you. I do not care though I bring disgrace upon myself. To see yon I would do anything. Emile, you shall yet be happy— you deserve it. You are young ; you who ought to desire life wishing to end it ! Oh, for the sake of your once loved Mimi, desire to live and succeed in this iif« Every one must meet with disappointment. I have suffered from disappointment. I long to see you and to speak to yon. The second letter bore the postmark " October 19, 1855," and was as follows : — Beloved Emile,— Your kind letter I received this morning. Emile, yon are wrong in thinking I love you for your appearanoer I did and do admire you, but it wai for 197 yourself alone that I loved you. I can give you no other reason, for I have got no other. If you had been a young nun of some Glasgow family, I have no doubt there would be no objection to you. But because you are unknown to him he has rejected you. Dear Emilo, explain this sentence in your note — " Before long I shall rid you and all the world of my presence." God forbid that you ever do. My last letter was nottllled with ijish promises. No ; these promises written in my last letter shall be kept— must be keplx Not a moment passes but I think of you. All extract from a third letter, not dated, was read as follows : — ' I am almost well to-day, if the weather would only get warm. I have lost my appetite entirely. It is just auxiety ■and sadness that is the matter with me, hut I am better to-night. Darling, if I were with you. I have laughed at the recollection of a conversation of yours. What queeV creatures you must think young ladies at school. For a moment, do you think their conversations are what you said j Believe me, I never heard a youug lady while I was at school, nearly three years, speak of the subject you men- tioned. But perhaps it was dilferent with me when at school. I had always a bed-room at school, and I waa a parlour boarder. Do you really think they are so bad ? Some may, but not all. Dr M, PcUenon,, examined by the Dean — I am a physician in Leith, and have practised there Jor several years. I have seen several cases of suicidal poisoning by arsenic. Tliey were cliiefly young females connected with mills and colour-works; in many cases they had obtained the arsenic about the works ; in others it was purchased.' I was called in to prescribe for them while suffering from the effects of the poison. I saw seven oases in all. They all died, with one exception. I used all the remedies I could think of. In the six oases they submitted to medical treatment without attempting any hindrance. Not one of them disclosed before death that they had taken poison. I asked several whether they had taken arsenic or some other poison, but they all denied it. They sub- mitted to medical treatment like any other patient. The ■erenth cas« wm a recovery. That person did not admit 198 • I at first that slje had taken poison. After she had almost recovered from the secondary effects of it she admitted it. She was then aware that she was recovering. In pre- vious stages of her illness she was sullen and morose, and would not speak. Arsenic is used to a large extent in these colour manufactories, and, was used to a larger extent at that time. These cases occurred several years ago. The people about the works had great facility in taking away araenio. By tile LoBD Advocate — They were not all about the same time. These seven cases occurred in the space of about eighteen years. The symptoms were nearly similar in all.;. They were oharaoteristio of poison by arsenic. They vomited matter of various colours, depending on what had Veen previously , taken. - The sickness and vomiting ceased in some cases an hour or two .before death, but in most Instances continued till death. They were all known cases ofr suicide. I can't say if any of , them asked for a medical man to see them. I had no precise, means of ascertaining what time elapsed between taking, the poison and, , , the commencement of the symptoms. Death resulted in thirty-six hours, and one in twelve hours, from the commencement of the symptoms. > ' BythS LOBD Justiob-Cleek— In casesof suicide the early symptoms are not seen. Jolm Fleming, examined by Mr Young — ^I am store- keeper to Todd & Higginbotham, printers 'and dyers in Glasgow. I have been 50 for eleven years; I take charge of the whole chemical substances used in their printing and dyeing operations. Arsenic is one of the substances used in large quantities. We, generally get from three to four cwts. at a time. We generally get it from Charles Tennent & Co. in its. pure white state. It is used by us for mixing with other substances in making colour. It is put in barrels. The arsenic barrels are put' into the store among the other things, quite open. W'hen any of it is taken out of the harrel the lid is loosely laid on again. Three uien and a boy , work in the store with me ; their duty is to weigh out the 199 different substances as they are wanted by the colour- makers. From eighty to ninety lb. are generally given to the oolourmakers at a time. They get that quajitity several times a month. No person gets into the store except those engaged in it. It is taken from the store to the colourmalcers in open wooden pails. I can't say how many workmen are employed about the works. I would not miss three or four ounces of arsenic if it were taken away. I would miss more. Boiert Townsend, examined by Mr YoTJUG — ^I am manager to my brother, Mr Townsend, manufacturing chferaist in Glasgow. He deals largely in arsenic, and we have always large quantities at a time in the premisps ; we have from one to ten tons at a time ; it is kept in a private ofSoe in the counting-house. During the night it ialocked up, not during the day. It stands in casks, as meal does in a meal shop. One cask only is kept open for use. "We employ from 100 to 140 people. I have no doubt they might take arsenic away if so inclined. By the Lord Advocate— I have never known it taken away. Janet Smith examiueJ by the De.vn of FAOUiTT — I am a sister of Madeline Smith. I am tliirteen years of age. I Was living in my father's house in Blyfchswood Square last winter and spring. I slept down stairs in, the same bed with Madeline. I generally wont to bed before her. We both went at the same time on, Sunday; that was generally the way on Sunday. I remember Sunday the 22(1 March ; we went to bed at the same time that night. I am quite sure of- that. "We went to bed at half -past ten, or after that. "We went down stairs together from the dining-room. I don't remember which was in bed first. "We were both undressing at the same time, and we both {!t)t into bed nearly about the same time. "Wo usually take about half-an-hour to undress ; we were in no particular hurry that night in undressing. My sister was in bed with me before I was asleep. I am quite sure of that. She was undressed as usual, and in her night- clothes. I don't know which of us fell asleep first. It 200 was not long after we went to bed bfef ore I fell asleep. I don't remember papa making a present of a necklet to my sister lately ; I remember him doing so about a year ago. By the LoBD Advocate — I have seen my sister take cocoa. I never saw her make it in her room. She kept it in a paper in her room. We had a fire. We went to bed that night at the same tipie as we usually did on Svinday night. I remember the nioi-ning that Madeline went away. I suppose she had been in bed that night ; I was asleep before she came to bed. She was away when I awoke. By the Dean — I have seen my sister taking cocoa in the dining-room. I don't know that she had been recommended to take it. No other body in 'the house took it. She took it in the dining-room, and kept it in her own room. On the Monday morning the 23d I found my sister in bed when I awoke about eight. Sr Laurie, examined by the Dban — I am a physician in Glasgow, and have been in practice for a good many years. I have not made arsenic a particular study, but I have had my attention recently directed to the effect which it would have on the skin if it were mixed in water. I tried it on myself. I put in water a quarter of an ounce of arsenic from Carrie's shop, mixed with indigo, and I washed my hands with it. I also mixed half an ounce of the same arsenic with water, and washed my face quite freely, but I washed my face afterwards with cold water. I found no disagreeable effects from it. I tried the washing of the face on Saturday. I had tried the washing of the hands previously. The effect of the washing on the hands was as if I had used a ball of soap with sand in it ; the effect was not great, but if at all, it had a softening effect. I don't think that increasing the amount of the arsenic would make any difference, on account of its insolubility. I made the experiments in a common-sized hand basin. I recollect treating one case of arsenical poisoning which presented some remarkable peculiarities. The history of the case was this (avoiding names, places, and dates) : — It occurred dur- ing the prevalence of cholera some years ago in the west. I 201 was asked to see a gentleman about seven or eight in the evening. I found he had been ill from three or four o'clock in the afternoon. I was in the habit of attending his family. I inquired why I had not been sent for sooner, and I was told that the symptoms had not been suffi- ciently clear to caU for my attendance. I found the patient labouring under the premonitory symptoms of cholera. I prescribed for him as for a case of cholera. I then left, and returned about ten o'clock, when I found the symptoms very much aggravated; there was vomiting and purging, and cramp of the limbs. Some points in the case struck me as peculiar — his voice was not ill the least affected, which it usually is in cholera, and almost uniformly in the later stages. The appearance of the matter vomited was also peculiar, in the colour especially, which was of a reddish yellow. In cholera we expect the rice-water discharges. It occurred to me that this might not perhaps be a case of cholera ; I there- fore asked the gentleman if he -had taken anything or had anything given to him. He said he had not taken anything that day excepting his ordinary food ; he said, I think, that lie had taken some chicken soup. The symptoms went on, and it struck me more that it was not a case of cholera. I again asked him it he had taken anything to account for the peculiar symptoms, and he said he had not. I called a medical friend in consultation, and being satisfied that something was wrong, I again put it to the patient, in presence of the other medical man, whether he had taken anything, and he declared solemnly that he had taken notliiilg. The symptoms went on till I became convinced he was dying, and then I put the question to him as a dying man to tell me whether he had taken anything. His answer a short time before he died was that he had taken nothing. He died I think about two in the morning ; and the symptoms had commenced about thr»e or four in the afternoon. The occurrence had nearly passed out of my mind, when next day, about two in the afternoon, I was informed that a gentleman was anxious to see me. X found he was connected with one of the drug establishments in town ; he said, " You attended so- 202 and-so last night, and he died of cholera." I said I did ; he said, "I think it my duty to tell you that I sold to him about two o'clock on the day he died half an ounce of arsenic." I cautioned him not to meiition the circumstance. I immediately went to the house, got the matter vomited, put it into a bottle, and got it analysed by an eminent chen^ist. He told me next day that he had found a large quantity of arsenic. I then had the body opened, and the stomach tjkken out and given to the same eminent chemist, and he found that it contained a large quantity of arsenic. The quantity was not determined ; the stomach was full of arsenic. That patient received medical treatment very quietly; just as he had done on previous occasions. He took the prescriptions readily. He was living with his relations, I have a large family practice. By the Lord Advocate— In making the experiments as to washing my face and hands with arsenic, I filled a basin with a quantity of water, and washed my face and hands. I put in the arsenic without allowing it to subside ; a large part, of course, fell to the bottom, It is a pi'actice I would have no fear in repeating. I don't think one experiment would justify me in saying it is a safe practice. I felt no smarting of the eye, and no unpleasant feelings, and I would have no hesitation in repeating the experiment. If I had a case requiring it, I would have no hesitation in ordering it to be done. I would not advise it to be made a practice of. If there were vermin on the skin, it might require to be done. I would not hesitate to prescribe it for that. I never did prescribe it, but I would have no fear in doing so • Extrerue thirst is an early symptom in cholera, and in poisoning by arsenic. In cholera it is more towards the later stages. ' Dr Douglas Maclagan, examined by the Ddak — I am a physician in Edinburgh. I have had some experieilce in cases of poisoning by arsenic, and hava devoted a good deal of - attention to chemistry. From what I know of the properties of arsenic, 1 think that so very little of it is dissolved in cold 203 water, that I could not conceive it would do any harm to wash the face or hands with it. If agitated with cold water, it dissolves one part, I think, in 400. That is so minute a quantity that I don't think it could do harm to the entire skin. If kept long in contact with the skin, it might produce bad effects; but I should think very little effect would be produced on the hands by washing them in cold water in which a quarter or half an ounce , of arsenic was put. Arsenic will dissolve more readily in hot water. The quantity dissolved'by simply putting it in bailing wa^er is not very great. In order to Aake boiling water a sufSoient solvent of arsenic, yon must continue the boiling of the arsonic for a considerable time ; if you want to dissolve a pretty largo quantity of arsenic, you require to boil it violently for half-an-hour. I thinjc a fortieth part is held in solution after the water is cool. I don't recollect how much it retains at the boiling point. As a general rule, the presence of organic matter in a fluid impairs th^ solvent power of arsenic. The LOHD JnSTlCE-CLEBK — Does that point to the quality of the Glasgow water ? By the Dean — There does not appear to be a great difference in the case of tea or coffee poured on arsenic from what I have stated as to water. They dissolve but a small quantity. I can't say how much cocoa or chocolate will hold in solution, because you cannot filter them so as to determine the quantity. There is a^ great, deal of organic matter in cocoa or chocolate. Suppose a solution of arsenic appUed , to the skin,, it would not have any poisonous effect ; I don't think it would have any effect one way or another. If kept sufficiently long in contact with the skin, or rubbed in, arsenic might prove poisonous. There are eases in which arsenic pintment has proved poisonous. I remember a case of a person named Davidson who took arsenic, and I published an account of that case. She took it by accident. She was not a very ,strqng-minded person ; she was a hysterical and weak creature. She took it thinking it to be an effervescing powder, and. she did not discover what she had taken till she saw a dog pulling about the room a paper on which " Arsenic" was marked. I have 204 paid attention to the symptoms of arsenical poisoning. In cases of slight quantities ef arsenic being taken, the symptoms very often resemble those of bilious or British choleraic attacks ; in very severe oases of arsenical poison- ing, terminating fataUy, there is a very remarkable resemblance to persons' labouring under malignant or Asiatic cholera. "Witness stated the symptoms of arsenical poisoning. He never saw jaundice as a symptom. Irritation of the throat was a symptom. It does occur in cases of British cholera, but then it is generally caused by muscular soreness from severe vomiting. By the LoBD Advosate— It was possible that jaundice might accompany arsenical poisoning ; it was difficult to deny a possibility in regard to physiological action. But in arsenical poisoning there is no jaundice. .Jaundice is the absorption of bile into the blood. The most probable hypothesis is that the absorption of the arsenic stops the seoretioil of the liver as it does that of the kidnies, and then there is no bile secreted, and no jaun- dice. The presence of organic matter interfered with the holding of arsenic in solution, but it might be held in suspension. A viscous fluid would hold more in suspen. sion, and the more viscous the more it would hold. Great thirst was a symptom of poisoning by arsenic. Did not think water in which arsenic had been mixed would produce any effect on a person washing in it, if he kept his mouth and eyes shut, as most people do. Would not recommend the practice. By the Dean — I could not say how much arsenic could be held in suspension in a cup of cocoa ; it would depend on the thickness of the cocoa. In this country cocoa is very thin. In Trance -chocolate is as thick as porridge. Hugh Mart, examined by the Dean — I am a druggist in Glasgow. The Bridge of Allan is between two and three miles from Stirling. The distance from Alloa to Stirling is seven to eight miles. By the LoED Advocate — Coatbridge is eight miles from the Great Western Road, Glasgow. This concluded the evidence for the prisoner, a;nd the Court adjourned at a few minutes to five- o'clock, till ten o'clock next morning. SEVENTH DAY.— Tuesday, July T. The Court met again to-day; at ten o'clock. The LoBD Advocate then addressed the jury as follows : — Gentlemen of the jury, after an Investigation which for its length has proved unexampled, I believe, in the criminal annals of this country, I have now to discharge perhaps the most painful public duty that ever fell to my lot. I am quite sure, gentlemen, that in the discharge of that dnty I shall meet with that attention which the deep importance of this case requires, and which you have paid to its details from the commence- ment. Gentlemen, it is impossible, whatever impression may have been produced in' your minds — it is impossible that, during this long and protracted trial, in which we have laid before you so many elements, some of them minute elements of proof necessarily to a certain extent disjointed and unconnected — I say whatever moral impression may have have been produced on your minds — and I fear there is little doubt of what that impression must have been — it is impossible that you can have rightly appreciated the full bearing of those details on the proposition which this indictment contains. It is now my duty, as clearly and as fully I can, to draw these details together, and to present to you, if I can, in a connected shape, the links of that chain of evidence which we have been engaged for the last week in constructing. Gentlemen, I could have rejoiced if the result of the inquiry which it was our duty to make, and of the laborious 206 collection of every element of proof which we oould find, would have justified us on the part of the Crown in resting content with the investigation into the facts, and wjiihdrawing, our clifirge againgji. th^ , prisoner. Gentle- men, I grieve to say that so far is that from being the result to which we come, that if you give me your attention for I fear tj>e somewhat lengthened trespass on your patience which I shall have to make, you will arrive at the conclusion that every linli is so firmly fastened — that every loophole is so completely stoppedi^that there does not remain the possibility of escape for the unhappy prisoner from the net that she has woven for herself.. Gentlemen, the indictment charges three separate crimes, or rather it charges two separate crimes, one of themhavihg been committed twice, and the third once. It is an indictment which charges two separate acts of administering poison with intent to kill ; and the third charge is the successful administering of poison ■frith intent to kill— viz., murder. They are charges to which, in some respects, different parts of the evidence apply ; bat they hang together ; they throw light upon ' each' other ; they are not unconnected acts of crime. Our case is that the administration with intent to poison was trulypart of a'desigri to kill ; on the other hand, the facts of the death reflects and throws back light on the previous acts of administration. In stating to you the evidence on which we think that these charges must be found' proved, I shall avoid; as far as possible, travelling into a region which this case affords too great materials for— I mean the almost incredible evidence which it has afforded of disgrace, and sin, and degradation — the dreadful social picture which il has reVeaJed — the fearful domestic results wliioh mu^ dnei^itably follow — ^thdse feelings bt commiseration and "horror which the age, the sex, and the condition of the prisoner must produce in every mind — all these are things into which I shall not travel. They might unnerve me for the discharge of my painful public duty. Besides, no language of mine — no language of my eloquent and learned friend — can convey to the mindone tenth pf the impression which the bare recital of the details of this case has 207 already created throughout the whole of this country. I shall only say that these matters weigh on my mind, as I am sure they do on yours, with a weight and an oppression which neither require nor admit of expression. The ojily other remark of that kind which I |hall make is this, that while a prisoner in the position of this unfor- tunate lady is entitled — ^justly entitled — ^to say that such a crime shall not be lightly presumed or proved against her, yet, gentlemen, if the charges iil the indictment be true, if the tale which I have to tell and have told be a true one, you are trying a case of as cool, premeditated, deliberate homicide as ever justly brought its perpetrator within the compass and penalty of the law. . Gentlemen, the first fact on which I found is one into which it will not be necessary for me to go in ^any great detail. It is a very important fact in the inquiry, but it is one on which you can have no doubt whatever ! this unfortunate man, Emile L'Angelier, died of arsenic. There can be no doubt about that. The symptoms > which he exhibited' on the night of .-the' 22d and morning of the 23d March were in all respects the symptonis of poisoning by arsenic. I may have occasion, in the course of my remarks, to come back upon this ; I do not stop for the present to demonstrate it. His body was opened, and the stomach was analysed by Dr Penny, who found an immense quantity of arsenic in it ; the other parts of the body which were taken out at the exhumation were analysed by Dr Christison, and he found traces of arsenic in every one of them; and therefore, gentlemen, I think you will come to the conclusion — and it is not a; ' concltision on which it is necessary for me to dwell — that the inquiry' starts with this ascertained and cestain fact, that L'Angelier died on the morning of the 23d March in consequence of the administration of arsenic ; whether given him by another, or taken by himself, in whatever way he swallowed it, the cause of his death was unquestionably arsenic.- The next questidn which arises is, by whom was that poison administered?' That truly constitutes the inquiry which you have now, to answer. In passing from the iorpv^ delicti, so to speak— in passing from the cause of L'Angelifir's death — I do not allude to a theory which barely crossed my mind during the leading of the evidence yesterday as a possible case to be made in the defence, that, notwithstanding the arsenic found in the stomach, his death was to be attributed to other causes, and that, in truth, it arose from biliary derangement or from cholera. Gentlemen, that is a theory which it is impossible to maintain. I pass from that at present, and I shall assume, during the rest of my argument, that L'Angelier died from the administration of arsenic. Passing from that, then, I now proceed to inquire what is the evidence that connects the prisoner at the bar with the death of L'Angelier. And before I state to you in detail — and I must do it with ' very great and anxious precision — ^the evidence on that point, which appears to me conclusive of the guilt of the prisoner, I must, after the course which the trial has taken, and the remarks which have been incidentally made in the course of it, set you right in regard to some matters which have been raised respecting the' conduct of the prosecution. A great deal was said while we were leading our evidence, especially as regarded the documents — a great deal was said on the course that was followed when this inquiry first began after the death of L'Angelier. Those matters that were alluded to were no doubt of considerably importance, but you must draw the distinction carefully between remarks intended to apply to the general system of conducting prosecutions of this kind, and to those matters ^n which the prisoner can state any interest, or in regard to which her defence could in any way be affected. Gentlemen, I said at first, and I say still, that as far as regards the productions in our hands, I know of no case in which any prisoner has had more facilities than the prisoner at the bar ; not too great facilities, for every- thing which we did in the matter had a tendency to elicit the truth, which is the only object of this inquiry. Kor do I think thalt in so rare and singular a case as this, we in the slightest degree departed from our public duty in enabling the prisoner more easily to conduct her defence. But as far as the proceedings have gone, whatever remarks may be 209 nubde as to the conduct of particular officials, I think I shall show you most clearly that the prisoner has suffered nothing in that respect, and that, in truth, if the matters referred to in these observations have any effect on the case at all it has not been against the prisoner that th^t effect h^ been produced. Un the death of L'Angelier a great quantity of documents was left by him in various of his repositories. His death was sudden and unexplained. Sr Thomson and Dr Steven made a post mortem examination ; but they could not state what the cause of death was. His employers.^ who took an interest in him, grew anxious. They examined his repositories, and they found that in his .desk in the office and in his lodgings there were a variety of letters. The first examined were thogs that were in the desk in the office, yhich were examined by Stevenson and Kennedy ; and the reading of some of them gave them a misgiving as to what the truth of this case might be. L'Angelier died on the 23d, and on the 25th Mr Stevenson made a communication to the Procurator-Fiscal, not charg- ing anybody with a crime, or implicating anybody in the death, but simply calling his attention to the f^ct that L'Angelier had died under these circum- stances, and stating that there were letters left in the desk which might be of importance as throwing light, upon the mystery of his decease. The result was that Stevenson himself brought six or seven letters to the Procurator-Fiscal on that day, and those letters were marked by himself and clearly identified. The investi- gation went on. By the 30th, Dr Penny made his medical report. A warrant was that day issued by the Procurator-Fiscal, notj against Miss Smith, or in a criminal charge at all, but on the case of a sudden death, to search the repositories of the deceased. Gentlemen, that was done. The letters in the desk were sealed up in the presence of Kennedy and Stevenson. They were sent to the Procurator-Fiscal or to the Fiscal's office. They were found with the seals unbroken by Stevenson when he went there, and I think the box was opened in his presence. "Wilson, the Procurator-Fiscal's clerk or assistant, received the bos in that state in the presence 210 of Mr Hart. He swears that he looked it np at that time, that he deKvered it some days afterwards , to the officer Murray in the state in which he got it. The officer Murray swears that he marked the letters there, and delivered them back in the state in which he got them ; and from that time forward their identifloa. tion is complete. , In.. the lodgings letters^ were found in the portmanteau, in the dpsk, and in the toiirist's bag. The letters in. the portmanteau and in tlie desk were made up into bundles by Murray and'his assistant M'Lauchliil'.' They were carried by M'Lauohlin to liis' own libijse on the nigjht of the ,30th. He swears that they were riot touched during that night — that they renlained in his own room.. Murray got them next day) in the state in which he left them the niglit before, from M'Lauohlin. They two set to -work and marked the documents, keeping them ail under lock ' and tey during the process, and they handed them . over to the Procurator-Fiscal, who marked! them himself. Therefore, gentleiinen, if you believe these officers, the histofy of these letters is also complete. And as regards the lettets in the tourist's bag, the tourist's ' bag was opened in the presence of Steven^son and Hart, and there can be ho doubt, there- fore, of what the letters were that were contained in that repository. Now, it has been said this is a very ' loose and improper mode of conducting ' this business. It has been said that these letters should have been handed over to the SherifF-Qletk, and that he was the proper custodier of ,these documents. Now, I am Very far indeed' from saying thai the proceedings in the first instance were what I should wisli them to have been ; because 1 think it right io say that I know no excuse for an officer in the execution of a warrant, when he recovers documents urider the authority of that warrant, not identifying tliem completely' at thS time. But, on the other hand, that is k question not, a,s I think, relating in the least to the interest of the panel at the bar ; because, if you shall' b^ satisfied that the chain of evidence is complete — tliat these documents have truly come into the hands of the public prosecutor in the statia in which they were, found — why, geiitlemeii, it .these persons had 211 not been officers of the law at all, fif they had been private individuila dealing with articles fouiid in the repositories o£ a deceased relation, and we had the same amount of evidence in regard to their custody and transmission, that evidence would have been perfect and complete. But it is said they do not know yet what documents were recovered by the Proouratbr-I'iscal. Gentlemen, they are not entitled to say so ; for this plain reason, that they had it in their power at any period if they pleased to ascertain' exactly what documents had been recovered by the Procurator-Fiscal. It seemed to be said that the public prosecutor was in a position in which it depended entirely on his wiU and pleasure what facilities should be given to an accused party — to a party accused of a crime before the Court. I am happy to say, gentlemen, that no such law exists in this land. If documents were in the hands of the Procurator-Fiscal, or of the public prosecutor, which the prisoner was entitled to have access to, the Courts of law were open, and aij application to the Court of Justiciary would at once have prevented the public prosecutor from keeping back a single document to which the prisoner was entitled if he had been inclined to do so. And if they had really wished to know what documents were recovered by the Procurator-Fiscal, and really thought that any dooiiments were retained by him, why did they not before this trial — ^why did they not when the trial began — make an application to the Court to ascertain thatiact in a proper and legitimate manner ? Gentlemen, I will tell you. Becaiise every scrap of paper that passed between the prisoner and the deceased L'Angelier has in one; shape or other been produced in this process. It is not now in the month of the prisoner to say, by cross-examination, , as to matters over which obscurity may in words be thrown — ^it is not in the mouth of the prisoner to say that one single document has been retained that she or the agents for her defence might, if they chose, have taken the proper means to ascertain. There was a complaint made that we had refused access to the original documents. Gentlemen, I did so — we did BO— on our own responsibility; and that we did 212 rightly there oan be not a shadow of doubt. You have seen the mass of this correspondence, jou have heard it explained in what state the repositories were ; you have seen already, and you will know liiuch more, before this case is concluded, how vital every scrap may be that we have produced to the justice of this case. It was absolutely necessary that we should have the use of the documents to identify the handwriting, ta trace the letters, to ascertain their dates, to ascertain their import ; and it was necessary that we should take care that under no circumstances should those important elements of evidence run the slightest risk of being lost to justice. Gentlemen, the prisoner used the right which the law gives to a person accused in this country among the many other safeguards with which our system above all others surrounds a person accused — I say she used the privilege of what is called "running her letters" imme. dlately after the time when she was apprehended, and the effect of running letters is this, that it compels the public prosecutor to bring the accused to trial within a certain time, otherwise the prisoner must be set free ; and accordingly it was absolutely necessary that within a limited time the case for the prosecution should be prepared ; but the prisoner might have delayed the trial at any time. Xo doubt to a certain extent she would have lost the benefit of the haste with which the prosecutor otherwise was compelled to complete his case ; but if her advisers in such a case as this had really thought that there was injustice done — that there had been improper obstacles placed in the way of her defence — do you imagine that for a fortnight here or there they would have refrained from applying for a deMy of the trial, which they would have got at once from the Indul- gence of the prosecutor without any farther pro- ceedings ; but which, if the prosecutor had been unwilling to grant, the Court, as a matter of course, would have given? Grcntlemen, I have made these remarks because I think that an undue impression may have rested upon your minds in regard to those matters during the discussions that arose on the trial. To what extent the Sheriff ought personally to superintend 213 precognitions, or whether the Sheriff-Clerk is the proper depositary of these documents, are matters relating to the general administration of the criminal law, upon which different opinions may subsist, and which may be modified by practical difficolties. 1 am glad to think that I speak in the presence of two of the learned Judges who. hav;^ themselves been in the position of Sheriffs, and they know well that I am right when I say that whateyer may be the theory, it. has not been the practice in any county in Scotland for the Sheriff-Clerk to be the custodier of documents under circumstances such as these ; and that, in regard to the taking of precognitions, although the Sheriff is responsible unques- tionably for precognitions that are taken, it is not possible in all cases that he shall personally superintend a precognition taken, nor is "it, I think, a subject for observation on the part of my learned friend that any particular witness has been precognosced on my account without the Sheriff having beeii present. It is perfectly certain, gentlemen, that any such rule as that would in truth paralyse the whole machinery of justice, and this very case is an illustration of what would have been the result if every precognition in which there were important statements bearing on the case had only been taken in the presence of the Sheriff. I venture to saythat the result would have been that this case must have been delayed until it was impos- sible for the public prosecutor to bring the prisoner to trial, or that the. important public interests which in the great community of Glasgow are committed to these important and learned oificials would have been unnecessarily injured. I do not say this for the purpose of in the leist questioning the assertion that the Sheriff ought as far as possible to be present at the precognition of witnesses, especially in a case like this ; nor do I say, in one way or other whether in this particular case this duty was or was not sufficiently discharged, for I have no means of judging of this. What I have said relates to the general administration of the criminal law of this country, and has no bearing whatever on the interests of the panel in this particular case, and 2W is not I think a subject for observation in any way, so far as the prisoner at the bar is concerned. ' It lias been said that we should not have produced only a partial correspondence, I feel it is very unfortunate only to have a partial correspondence produced ; but I have produped all the cqfriispoudence to which the ptoseoutor had access. For the most part there was only one side i0f the correspondence, and we had none of the other. We had nearly 200 lettjers, or more than 200 letters, from the prisoner at the bar to deceased — we have only one copy of a letter from deceased to prisoner. There were other writings in the handwriting of the prisoner, but these it seems cannot be used in evidence. I regret that in a case of such importance, while you have on the one hand innumerable letters of the prisoner, you have, on the other hand, only one copy of a letter of deceased. How came that ?, You -will see in the oon-espondenoe that the letters of L'Angelier were not destroyed till a very recent date. You could not have been much surprised if Jt had been otherwise. That a lady should not preserve letters of that description would not be in the least degree remarkable, ' but there is evidence that down to the 7th or 8th February last that correspondence was in existence, and we have heard no explanation of any kind as to what has become of it. This we know, and this only, that not one single scrap in the handwriting of L'Angelier has been discovered in this case, excepting those four documents, three of which have not been admitted in evidence ; therefore, in the matter of this correspondence, we have all done what we oould. The only matter in which the prisoner has a legitimate interest as regards this question is, no doubt, one of very great importance. She has an interest that these letters, shall be shown to be prbperly arranged, beciuse it is very often the case that letters bear no date except tlie postmark upon the envelopes; and you must be satisfied that each letter was in its proper envelope. Let mo make this observation, in the first place, upon this veiy important point— that that is a difficulty that necessarily occurs in every case where the evidence consists of letters sent in envelopes. It has been 215 a misfortune, in the way of tracing the fact of letters being sent in that way, that there never is any means of connecting the envelope with the letter, except the fact of its being found there. Most people, not intending to keep their correspondence, and not of very methodical habits in that way, constantly leave sometimes the letter and envelope apart, sometimes the letter in, the wrong, envelope,, and if the officers in this case had gone to work with the most scrupulous nicety, and if you had it beyond all question that the letters found wore produced in precisely the same state as found, the remark of my learned friend would have been equally well founded if lijs had said — " What evidence is there, that these letters so found in these envelopes were sent in them, and how can we know, when letters are found tossing about in a desk in an office, not made up with regularity, that this person was in the habit of keeping his letters in a manner which would make the envelope proper evidence ?" That, I say, is a remark which occurs in every case of the kind, and which my learned friends are quite entitled to make here. I do not say that the envelopes in which letters are found is an element to enable you to arrive at the truth, but if you find in a series of letters that, in the first place, when a letter is dated on a parti- cular day, the postmark plainly corresponds to that particular day of date— if you can find that a letter bears " Monday night," and the postmark bears the morning spostmark of 28th, or supposing a letter be dated " Mond^iy night,", wlfile there is , no day of the month, and the next day is Tues4ay the 28th, and that is the postmark, or that a letter bears date " Monday morning," and you find that the postmark is Monday the 20th February, all that, I think, will necessarily lead you to conclude, if you find it in a uniform series of letters,, that these letters have been kept in their proper envelopes. I do not say that that even is the case, but it is a matter you will judge of as regards the general position of the letters ; and if you find that uniformly throughout the series of lettersi one after the other, you can have no reason to doubt that these. letters have been put ifl", their proper envelopes. 216 Bat I do not rest the proof of the date of the letters upon that. There is scarcely one letter the date of which I oonld not prove if there had been no postmark or envelope at all, by the facts they tell, and by their relation to each other. In the laborious investigation •which was made into this matter you will find that this is very clearly and distinctly brought out, and I think you will be satisfied that although these postmarks afibrd a strong presumption in regard to the letters being in the . same state as when originally sent, the evidence of theif dates does not depend on that circumstance alone — I think that can be brought out with absolute certainty, so far as we can produce certainty on the human mind. After this somewhat long digression, I come back to the details of the case. My Story is short. This yoiing lady returned from a London boarding- school in the year 1853. She met L'Angelier some- where I believe about the end of 185i. L'Angelier's history has not been very clearly brought out. It is plain, unquestionably, that in 1851 he was in very poor and destitute circumstances. Of his character I say nothing at present but this, that it ds quite clear that by energy and attention he had worked his way up to a position that was at least respectable — a position in which those who came in contact with him plainly had for him a very considerable regard. It is no' part of my case to maintain the character of the unhappy deceased. The facts in this case .make it impossible to speak of him in any terms but those of very strong oond!emnation. But still it is plain that when Miss Smith became first acquainted with L'Ang^lier he was a man moving in a respectable position, bearing a respectable character, liked by. all those who came in contact with him, spoken of by the three landladies with whom he lodged in the highest possible terras — a man of whom the chancellor of the French Consulate spoke as respectable and steady — a man spoken of by his employers and by his fellow-clerks in Huggins' warehouse also in the highest terms. I do not say anything of that at present, but such is the fact These two persons met ; they were introduced, I assume, clan- destinely. After i^ time, it seems an attachment com- 217 menced, which was forhidden hy her parents. It is only right to say that the earlier letters of tlie prisoner at that time show good feeling, proper affection, and a proper sense of duty. Time went on j the intercourse was again renewed, and in the course of 1856, as you must have found, it assumed a criminal aspect. From tliat time down to the end of the year, not once or twice, but I have evidence ■to show* clearly that rlepeated acts of improper connection took place. It will be necessary for you to take into your consideration tliat she liad so completely committed herself by the end of 1856 that she was, I will not say in L'Angelier's power (he was in her power), but she belonged to him, and could with honour belong to no one else. But her affection began to cool; another suitor appeared ; she endeavoured to break off her connecti9n with L'Angelier by coldness, and asked him to return her letters. He refused, and threatened to put them into the hands of her father. There is mucli that is dishonourable in this case, but not in that. It would no have been honour- able to allow the prisoner at the bar to become the wife o any honest man. It was then she saw the position she was in — she knew what letters she had written to L'Angelier-^she knew what he could reveal— she knew that, if those letters were sent to her father, not only would her marriage with Mr Minnoch be broken off, but that she could not hold up her hed again. She writes in despair to him to give her back her letters ; he refuses. There is one interview — she attempts to buy prussic acid; there is another interview — she bought arsenic ; there is a third interview — she bought arsenic again. Her letters, instead of demands for the recovery of her letters being contained in them, again assume all the warmth of affection they had the year before. On the 12th of March she has been with Mr Minnoch making arrangements for her marriage — on the 21st she invites L'Angelier to come with all the ardour of passion to see her — she buys arsenic on the 18th — and L'Angelier dies of poison on the morning of the 23d. The story is strange^n its horrors almost incredible ; and no 'one can wonder that such a story should carry a thrill df horror into every family. The prisoner is entitled to all the pre- 218 sumptions which can be given her, but if, as I am certainly bound to do, I bring before youi such proof as to carry con- viction to your mjnds that no reasonable man can doubt — that no reasonable- ray of doubt can penetrate the iudgment — then, incredible as the story is, and fearful as the result, of your , verdict, must be, we ha,ye no alternative, in the discharge of' our public duty, but myself to ask, and you to give, that verdict which ■the facts of the case, if proved, demand. In cases of this . kind-t-in occult pases especially — the ends of justice would be perpetually defeatedif you were to say you shall . not opnvict a main unless you find some person who saw the crime committed. : But in .the case of administration of poison that remark applies with peculiar force. In truth, the fact of, administering poison before -v^itnesses is so far from affording, in the first instance, a presump- tion of guilt, that it , sometimes is ths strongest proof of innocence. Iremember a case which attracted as much attention in a sister country as this has done in ours. The culprit there sat by the bedside of his victim, surrounded by medical attendants — gssye him the poison in their presence — sat and witnessed its effect — -saw his dying agonies with a coolness that could hardly be believed. There could hardly be a stronger pre- sumption of his innocence than that j and the result was that he very nearly had entirely escaped suspicion from the fact that the thing was dope ^openly. And, therefore, in the case^of the administration of poison, the fac^ of there being no eye-witness to the administration is not an element of much weight in the inquiry. You may assume that if it was done with a guilty intention it was done secretly. The question is, ' whether we Iravei evidence to trace the crime from the course' of the oircurastanoes. Wow, having thus given you an outline of the nature of the evidence, I go on to consider that evidence in detail ; aSd I shall endeavour to do that in a manner which shall bring clearly before you how these facts, in their order, bear upon the crime alleged. We have to take the links of different parts of this chain of evidence somewhat oiit of the order in which the evidence has been led. I shall now 219 proceed to look at them exactly in the older of time, baginning witli the 29th of Apriri856. The first letter which it is necessary for me to refer to is the letter dated 29fch April. I have already given you an outline of the nature of the connection that began between the prisoner and the deceased at that time ; and I intend to read a few passages from that correspondence, with, the connection between them, in order to show you — first, how far the prisoner had committed herself to the crime committed; and, secondly, the moral and mental state of the prisoner herself. You will then be better able to appreciate the coui-se the prisoneir took. That letter o the 29th April 1856 is one of the few letters which bear a date. It has also a postmark, " Helensbui'gh, April 30, '56.". In that letter she says : — "Dearest, I must see you ; it is fearful never to see you ; but I am sure I don't know when I shall see yoUi P. has not been a night in town for some time, but the first night he is off I shall see you. We shall spend an hour of bliss. There shall be no risk ; only C. H. shall know" — ^thi? C. H. being Catherine Haggart, who was made the confidante of this amour since its commencement, and the vehicle through whom the letters were transmitted. That was on the 29th of April., On Friday, a letter without a date is written, and enclosed in an envelope which bears the postmark of Saturday, "May 3d, '56." In this letter, dated Friday, the prisoner says : — " P. has been in bed two days. If he should not feel well and come down on Tiiesday, it shall make no difference. Just you come, Only darling. I think if he is in the boat you should get out at Helensburgh. "Well, beloved, you shall- come to the gate — you know it — and wait till I come. And then, oh happiness, won't I kiss you, my love, my own beloved Emile, my husband dear ? I don't think' there is any risk. "Well, Tuesday," 6th May — the gate^- half-past ten ; you understand, darling.'' The next letter is dated " Wednesday morning, five o'clock," ahd bears the postmark, "Helensburgh, 7th." There are two postmarks, but the year and month are not legible, though the month appears from one postmark to be May, and the year 1856. In this letter, dated 220 " Wednesday morning, five o'clock," and found in an envelope bearing the date 7tU May, you have these •words : — " My own, my beloved husband, — I trust to God you got home sate, and were not much the worse of being out. Thank you, iny love, for coming so far to see your 1 Mimi. It is truly a pleasure to see my Bmile. Beloved, if we did wrong last night, it was in the excite- ment of our love. Yes, beloved, I did truly love you with my soul." Then she says farther down : — " Am I not your wife ? Yes, I am. And you may rest assured, after what has passed, that I cannot be the wife of any other but dear, dear Emile." Then after referring to a journey to lima, which L'Angelier had proposed making, she goes on to say : — " I shall write dear Mary soon. What would she say if she knew we were so intimate ? She would lose all her good opinion of us both — -would she not ?" That letter speaks language not to be mistaken. From that period dates the commence- ment.of the criminal intimacy between the parties. The letters between that date in May and the end of the year are written in a strain that really I do not think I should comment upon. I can say this, that the expressions in these letters — the language in which they are couched — ^ the matters to which they refer — show so entire an over- throw of the moral sense — the sense of moral delicacy and decency — as to create a picture which I do not know ever had its parallel in an inquiry of this sort. That is the character of these letters from May 1856 down to the end of the year. Where the prisoner had learned this it is not for me to say. If my learned friend means to say that L'Angelier had his own share in corrupting her moral sense, I shall not much dispute it. It does not matter to this inquiry whetlji^r that was so or not. There is scarcely one of these ^letters down to the end of December 1856, or beyond that period, that does not allude in ^direct terms to such things as are alluded to in the letters already quoted from. I next refer to a letter dated " Friday night," enclosed in an envelope bearing the postmark " Helensburgh, Friday, 27th May," from which I take the following m a ipeoimsn of the l«tten which pMiad 221 at this time. In; that letter she says: — "I tjiink I would be wishing you to love me, if I were with you, but I don't suppose you would refuse me, for I know you will like to love your Mimi" — ^three scores being made under "loye." In a letter, which has no date, she swears she will neyer marry any one else, and in another letter, enclosed in the same envelope, she says : — " Our intimacy has not been criminal, as I am your wife before God," Then she says : — " I promise to you, you shall have it (my likeness) some day, so that promise won't be broken. If I did not sign, my name, it was for no reason. Unless it i(l to a stranger, I never do put Smith, only Madeline." The conclusion of that letter is in the same strain as the rest. The correspondence proceeds, and we have a letter dated Saturday night, and bearing the Helensburgh postmark, "July '56." The dates are really not material, as the letters are evidently written in 18S6, and I need not "stop to demonstrate the precise time. If there were more doubt about the postmarks it would make no difierence, as the relations between the parties in 1856 are sufficiently established independent of that evidence. But in that letter she says : — " I shall not see you tiE the nights are a little darker. I can trust C. H. She will never tell about our meetings. She intends to be married in November ; but she may change her mind." In point of fact, C. H., or Christina Haggart, was married in May last, and the references in the letter sufficiently determine the period when it was written. The next letter I refer to is one dated on Thursday evening, in"whioh the prisoner says : — "I cannot see you ere you go, for which J am sorry You forget that my little sister is in my bed-room, and I could not go out by the window, or leave the, house, and she there. It is only.when P. is away I can see you, for then Janet sleeps with. M.'' She then refers to his visit to Badgemore. My learned friend requested that the last passage in that letter should be read, for the purpose of showing that she had read an article in Black wood's Magazine about arsenic. That shows plainly, at anyrate, that it was written in the month of September. At the bottom of the page is this paaeage ;— " I did tell 222 you at one time that I did not like — (William is first written, but scored out) — Minnooh, but he was so pleasant that he quite raised himself in my estima- tion." That must have been in September 1856, and you will see that in the correspondence to the end of the year, there are constant allusions to Minnoch, by way of preparingii'Angelier'for something in connection with that man. And it turns out, in point of' f afct, that L'Angelier did become extremely jealous of his attentions. The nfext letter has the postmark^ " Helensburgh, 29th Septeniber." She begins by saying : — " I did not write you on Saturday, as C. H. was not at home, so I could not geit it posted. . . .-I don't think I can see you this week. But I think next -Monday I shall, as P. and M. are to be in Edinburgh. But my only thought is Janet'; what am I to do with her ? I shall have to wait till she is asleep, which may be near eleven o'clock. But yon maybe sure I shall do it as soon as I can." Further on, she goes on to say : — "Mr MinnOch has bSen here since Friday. He is most agreeable. I think we shall see him very often this winter. He says we shall, and P. being so fond of him, I am sure he shall ask him in often." You will recollect that Mr Minnoch's house is next to BlythS wood Square. In illus'tration of what I have said that these letters do not require postmarks to prove the dates, I may just say that the last letter is clearly written- some time after the end of August 1856, and that this one is as clearly written, just before the family left Helensburgh to go, for the first time, to the ' Bly'thswood Square house, referring; as it does, to Mr ' Minnoch's vicinity to the family. In - the ndxt letter, writing from Helensburgh on Tuesday- postmark- illegible— she says : — " I forgot to tell you last night that I shall not be able, of an evenifig, to let you in. My room is next to B., and on the same floor as the front-door. (You will find by-and-by that she got over that difficulty.) I shall never be able to spend the happy hours we did last winter." The- next letter to which I refer is one dated Sunday evening, with the Helensburgh postmark of Monday, 20th October, in which she Bays :— " Papa i^ very busy with some election 223 ■ ' ina,ttieis," This refars to the oiyio , eleotioija in November,, and fixes the date of, the letter , Ijeyond qiiestibn at tlie en4 of Ootpber. On the Sunday evening, then, before Monday the 20th October, ah? says :-J-" Janet is not well ; she has a bad cold. Do you kAow I have a great dislike to C, H. I shall try and do without her aid in the Tvint,er, .;Sh£s has been .with us four years, and I, am tire^ of her, but I won't show it to her." The next 'letter is dated ''Friday night, twelve o'clock," , and is , posted in Glasgpw onthe 18th JTovember,; In this letter ,she, . says : — " Sweet , loye,— Tou, should get those brown envelopes ; . they would not be so miuoh seen as white ones, put down, into my window.. You should just stoop down to tie your shoe, and then, slip it in." This is the firsi; letter, then, in which instructions are given as tojiow the correspondence is to .tak§'place at the Blythswpod Square, house. I shall now wish you to look at the plii,;i,of the house... ' , After referring to the various apartments, in the front and back floors,- and to their connection with eaph, other, which, however, would be quite unintelligible to .our readers without the plan itself, his Lordship continued :— ^This letter, among ^ other things, contains .this passage : — " I saw Kobert Anderson ; he was speaking of the Huggins', but did , not speak of you. I am so fond of any one speaking of you, beloved L'Angelier." Then, after some expressions of the kind I have alluded to, the letter ends thus :— r"I have beeiv ordered by the, doctor, since I came to town, to. take a fearful thin^, called peasemeal — such a nasty thing. But I don't think t can take this meal. I shall rather take (jocoa.'' And you .have it in evidence that she, did so. His Lordship, in again referring to the plan of the house, said — I make, a remark to this just now for tliB purpose of stating th^t a person coming, iptp the .front-door coidd get into the dining-room without attracting any attention whatever from those occupying the bed- rooms at the back of the house. It is also apparent from the plan that any one could go to the kitchen from Miss Madeline's bed-room on the sunk floor without attract- ing attention; and, what is more, a perspn going out from Miss Madeline's bed-room could go up the 224 nner stalrcaae withoui attracting the attention of those occupying the bed-rooms in the back of the honse, or any of the other bed-rooms. I think you have here the position of these rooms ; and now, gentlemen, I will call your attention to a letter dated Monday evening, having no postmajrk, but stating that it is " the first letter I have written in my Blythswood Square house." In this letter there are various repetitions of matters mentioned in f otiner letters that I have referred to. This, then, brings them to the house in Blythswood Square, and now you will see the course that the correspondence takes. In one letter she says : — "I don't think I can take you in as I did in India Street," plainly showing that she had taken him in there. Then she says on the next letter, which is dated " Thursday evening, eleven o'clock," and bears the post- mark of "Friday, Nov. 21," and which was evidently written in Blythswood Square honse : — " Now, about writing, I wish you to write me and give me the note on Tuesday evening next. You will, about eight o'clock, come and put the letter down into the window — (just drop it in — I won't be there at the time) — ^the window next to Minnoch's close door. There are two windows together with white blinds. Don't be seen near the house on Sunday, as M. won't be at church, and she will watch. In your letter, dear love, tell me what night of the week will be best for you to leave the letter for me. If M. and P. were from home I would take you in very well at the front-door, just the same way as I did in India Street, and I won't let a chance pass — I won't, sweet pet of my soul, my only best-loved darling." I have told you, gentlemen, that she could perfectly well take him in at the front door. She could leave her own room, go upstairs, and she had only to open the hall, door Sufficiently to enable L'Angelier to get into the dining-room, so as to prevent the possibility of being heard from any of the back-rooms of the house. And this letter proves that it was not a mere theoi'y, but what she proposed to do. The next letter b^ars no date, but it is posted 6.23 P.M. on Friday the 26th Deo. 1856. Gentlemen, I only allude to this let^ier for the purpose of making an observation with regard to dates. 225 She says she is going out oh Wednesday night, but that she will try and write on Thsrsday. There is a postscript to the letter, which bears this : — " Thursday, 11th December, six or eight o'clock." Now this you miglit at first take for a date, but it is simply the date of an assignation. And this proves two things : first, that the letter was written before Thursday, and after the Thurs- day of the precediiog week, as the postmark bears Friday. Then the next letter is on a Tuesday morning, and bears the postmark of the 14th of the month. Gentlemen, it seems plain that there was at this time a serious inten- tion on the part of thesei persons to make an elopement. You had it proved by many witnesses. You had it proved by the landlady, Mrs Clark, as to the intention to have the bans proclaimed on Sunday, and the marriage to take place on Monday. There are, besides, various allusions in the letters to getting married by a Justice of the Peace. The letter No. 71 I only refer to for the purpose of showing that, on a particular occasion, the proclamation of the bans was spoken about ; and you will find mention of it otherwise. No. 73 bears the date of Thuraday night, and the 16 fch December was Friday ; the postmark bearing date the 17fch of a month which is not legible. In the next letter she says : — ^"I am going to a concert to-morrow, but it is the last one. • I don't know if Minnoch is going. James and Jack (her brothers) have sent out fifty invitations for the 29th. Jas. is to be at home on Friday." That is dated Tuesday, and the next letter is dated Thursday. Now, Thursday was the 18th December, and it bears the postmark of the 19th. Now, you see gentlemen, that in almost every instance in the letters which I have read to you, the day of the week precisely corresponds witR the postmark on the envelope. It has been proved that this was one of the letters found in the desk of the deceased, and taken to the Proourator-Fiscal's office, where it was marked by Mr Stevenson. No. 75, which is the next of the series I have to allude to, was plainly written after the last letter I read, and I mention this to show howthedates correspond, because in this letter ■ she ' says she was going with Mr Miimoch to a concert, and she says : — " You say H 226 you heard I took M. to the oonoert against his inclination, and forced him to go. I told you the right way when I ■wrote. But from your statement in your letter of to-night you did not believe m^ word. Emile, I would not have done this to you. Even now I would write and teU you. 1 would not believe every idle report. No ; I would not. I would, my beloved Emile, believe my husband's word before any other. Bat you always listen to reports about me if they are bad. Yon know I could not sit, a whole evening without talking, but I have not flirted." Gentlemen, there is evidence here, which you have under the hand of the prisoner farther on, that after the first paroxysms had subsided, her affection towards L'Angelier had cooled. The reason of that it is not necessary that we should discern. He seems to have been rather exacting ; but whatever the reason might be, it is quite plain that a change came over her affection about this time. I have now brought them down to the J Sth December 185C, and she says herself in a subsequent letter that her coolness began in November, when they came to Glasgow. Not only so, but she begins to do what , L'Angelier called flirting with Mr Minnoch. Mr Minnoch has told you th,^t during the whole of this winter there was a tacit understanding between them that they were lovers. iShe alludes to this in her letter when she refers to the reports about her, and denies that there is any truth in them. On the next day she says : — " For your sake I shall be very cold to everybody. I am rather more fond of C. H. She is very civil. I will trust her." Gentlemen, there is in the rest of this letter what I will not read, but there is a plain and obvious reference to tho pos.sibility of her becoming a mother, which, under the circumstances, it is impossible not to see the force of. Then the ^ext letter occurs on Thursday. Thursday was the 23th of December, and it is posted on the 2Gth or 28th of the month. But the one following. No. 79, is one of great consequence, because it refers to the meetings in the Blythswood Square house. It is dated Monday. Monday was the 22d of December, but there is no date, or the postmark has been obliterated. I think, however, there is internal evidence that it was 227 written on a. Monday. She says : — " Beloved Emile, — We most meet. If you love me you will come to me when P. and M. go to Edinburgh, which wiE be tho 7th or 10th January," and then she goes to speak of Christmas dinners, and says that they are " great bores." She then goes on to say : — " Will you give me a letter on Friday at six o'clock, as I have promised to go with Jack to the pantomime," and at the top of the page she speaks about James giving a party. You remember, with reference to Jack and James giving a party two days preceding, and as this letter alludes to the parby, it proves unquestion- ably that it must have been written about the date 1 have assigned to it. And as it bears the date of Monday night, I think I am right in assuming it to be Monday the 22d. There is the further allusion to a merry Christmas and to going to Sauchiehall Street, which shows it to have been about that time. It was plainly written before Christmas 1856. You will find a reference in a subsequent letter to her having gone to the panto- mime. She says : — " P. and M. thought of going to Edinburgh," and then she continues : — " If P. and M. go, will you not, sweet love, come t3 your Mimi? Do you think I would ask you if I saw danger in the house. No, love, I would not. I shall let you in ; no one shall see you. We can make it late — ^twelvOj if you please. You have no long walk. No, my own beloved. My sweet dear Emile. Emile, I see your sweet smile. I hear you say you will come and see your' Mimi, clasp her to your bosom, and kiss her, call her your own pet, your wife. Emile will not refuse me. . . . .1 need not wish you a merry Cliristmas, but I shall wish that we may spend the next together, and that we shall then be happy." This means that he shall come into the house as he had done before, and it speaks of his clasping her to his heart. The next letter bears the date of the 27th, and keeping in mind what was said about the pantomime— and that Saturday is the date of the letter— the postmark shows that it must have been posted on the 21th of December. In this letter she says : — "Now, I must tell you something you may hear. I was at the theatre ; and people, my love, may ■ ■ " h2 228 tell you that M. was there too. 'Well, M. was there, but he did not know of my going. He was in the Club Bos, and I did not even bow to him. To-day, when B., mamma, and I were walking, M. joined us, took a walk with us, apd came home. He was most, civil and kind. He sent Janet such a lovely flower to-night, to wear on Monday evening.. Now I have told you this, sweet pet, I know you will be angry ; but I would rather bear your anger than that you shoul I am the most guilty miserable wretch on the face of the earth. Emile, do not drive me to death. When I ceased to love you, believe me it was not to love anotljer. I am free from all engagement at present." Unfortunately, the course of deliberate falsehood into Vfhioh this unhappy girl had brought herself is not one of the least of her crimes. " Emile, for God's sake," she continues, " do not send my letters to papa ; it will be an. open rupture. I will leave the house. I ■will die. Emile, do nothing tilll see you. One word to-morrow night at my window, or I shall go inad. EmUe, you did love me. I did fondly, truly love yoa too. Oh, dear Emile, be not so harsh to me. WilLyou not ? But I cannot ask forgiveness — I am too guilty for that. I- have deceived. It was love for you at the time made me say mamma knew of our engagement. To-morrow one word, and on Wednesday we meet. I would not again ask you to love me, for I know you could not." I would remark that throughout all this despair there is no talk of renewing her engagement with L'Angelier. Her object was to be in a position to fulfil ier engagement with MinnOch: — "But, oh, Emile, do not make me go mad. I will tell you that only myself and C. H. knew of my engagement to you. Mamma did not know since last winter. Pray for me — for a guilty wretch — but do nothing.. Oh, Emile, do nothing. Ten o'clock to-morrow night— one line, for the love of God. —Tuesday morning. — I am ill. God knows what I have suifered. My punishment is more than I can bear. Do nothing till I see you. For the love of Heaven do nothing. I am mad. lam ill. — Sunday night." Now, gentlemen, we- have traced the matter up to this point. She is so committed that she cannot extricate herself, and yet, if not extricated, her character, her fame, her reputation, her position, are forfeited for ever. But she does-., receive a letter from L'Angelier which we don't possess ; but on the Tuesday evening she again writes to him. This is one of the letters found in his desk. It was not posted at all. It was delivered, and was found in an envelope ; but it refers plainly to the letter that went before, and to the assignations that ivere made. I shall read every word of that letter, long as it is, for it is per- haps the point on which this case turns : — [Read letter I23r 107, down to " I put on paper what I should not."] Doubt- less, poor creature, she had done that, and throughout this unhappy history o£ the gradual progress of an Ul-regulated mind, one cannot see all this without — what I am sure I feel from the bottom of my heart — the deepest commi- seration. Doubtless L'Angelier had abused his oppor- tunities in a way that no man of honour ought to have done, and had stolen into that family and destroyed their peace for ever. She had no doubt put on paper what she should not — [The Lord Advocate then read other portions of the letter.] — Gentlemen, I never in my life had so harrowing a task as raking up and bringing before such a tribunal and audience as this the outpourings of such a despairing spirit, and in such a . position as this miserable girl was. Such words as these paraded in public under any circum- stances would be intolerable agony, but the circumstances of this case throw all these considerations utterly into the shade, and if for a moment they do obtrude themselves upon us they must be repelled, for our duty is a stem one and cannot yield to such considerations. Then, gentle-, men, pausing there for a moment, let me take in some ' surrounding circumstances, at the same time. L'Angelier, whatever were his faults, was certainly true to her. He spoke to Kennedy about her. He said his love for her was infatuation, and that it would be the death of him. It was not revenge that he wanted ; he wanted his wife, and he plainly had told her that he would not permit their engagement to be broken off, and that he would put these letters into her father's hands. As I have already said I do not know thai in the circumstances he was altogether wrong in so doing. But, gentle- men, at this time, a very remarkable incident takes place : , More than four, and leas than eight, as one witness says, about six weeks, as two of the witnesses say, prior to the apprehension of the prisoner, and the news of the death of L'Angelier becoming public, that is to say, between four and eight weeks prior to the 26th March, or, in other words, on the second week of Feb- ruary, the prisoner asked the boy, the page who sei-ved in the family, to go to a druggist's with a line for a bottle of prussio acid. The date, I think, is brought out quite 238 clearly witliin that period for any purpose I have in view, and aix weeks before the 26th March would just be between the 6th an(i 12fch of February. You have seen' the state of mind she was in. Some extrication was inevitable if she hoped to save her character, and with » strength of will which I think she exhibited in some more passages in "this case, she resolved she would not go back to L'Angelier ; she had ceased to love him ; she had determined to marry another. And i.hroughout all this, while she is in utter despair, and tries to move him by her protestations, there is not the slightest indication of an intention to go back and love him, and be his wife. Quite the contrary ; but on that clay, at the door of her bed-room, she give's Murray a line for prussic acid. For what purpose ? Tor what purpose on earth could she want it? and for what purpose did she say she wanted it ? For her hands. This is the first i ndication we have that her mind is running in that way. Tills is the first suggestion we 'have of the means she proposes for her extrication. Why did she want prussic a^id for her hands ? As a cosmetic! Did you ever hear, gentlemen, of pnissio acid being used for the hands? Ther& has been, among a great deal of curious medical evidence in this case, no suggestion that prussic acid was ever used for the hands. Biit it will hot escape your notice, that not only is her mind now beginning to run on poisons, but it is also beginning to run on the excuses for wanting them. She did not get the prussic acid ; but ii is perfectly clear that the time when she wanted it was ihfi date of these despairing letters, imme- diately before the meeting which she appointed for Wednesday the 11th, and regarding which she says : — " If I cannot get you in at the baok-door, I will take you in at the front-door." Another incident happened at this tune. Christina Haggart says that one day some weeks before the apprehension of Miss Smith, but not two months, an interview took place between the prisoner and L'Angelier in the house in Blythswood Square. Christina Haggart did not see L'Angelier, but she told you plainly she knew it was he, and that he and the prisoner remained alone for nearly an hour in 239 her room, and. that she (Christina Haggart) remained in the kitchen while L'Angeller and the prisoner were together. There can be no doubt about the date, though my learned friend tried to throw some obscurity over it. What she said was that less than two months, but weeks before the apprehension of the prisoner, this took place. Now, you recollect that the letters I have been reading to you, from No. 85 onwards, being dated January 9, showed that for some time there had been no meeting between the parties at all. In No. 87, she says — " I may see you possibly in ten days ;" but before the ten days are out the quarrel .has begun, the coolness has been commenced, she had asked her letters back, and you have these despairing remon- strances from her, and a meeting fixed for "Wednesday the 11th February. There can, therefore, be no ques- tion whatever that that meeting did take place, and take place in terms of this appointment. There is no other occasion that it could possibly have taken place consistently with Christina Haggart's evidence. Two months before the apprehen&ion of the prisoner woidd bring you back to the 30th January. It was not two months, though it was weeks, says the witness, and that fixes the time pretty clearly. But, gentlemen, w^hen M. De Meau asked the prisoner how she and L'Angelier met, she denied he had ever been in that house at all, plainly and positively. I have shown to you from her letters he had been more than once in that house before, but probably not in the course of 1857. Bat she positively denied he ever had been there at all. you will find allusions in these letters to embraces, nterviews, and things that could only have taken place u the house, and she says distinctly that he might come without fear, for no one would see him, and that they might have an interview. That one interview took placo, we have the direct testimony of one witness. What took place at that interview we cannot tell ; but we find this, that, in one w^y or another, this feud had been made up — that the whole tiling had been arranged ; and how arranged? Not certainly, gentlemen, on the footing of giving up the letteiB — not certainly on the footing of the 340 prisoner not ooiitinuing her engagement with L'Angelier ; but, on the opposite footing, upon the footing of the engagement continuing. How was that to extricate the prisoner ? "What did she propose to lierself to do ? She had found that L'Angelier would not give up the letters. She did not go on to endeavour to induce him to do so by despairing protestations. She took another line, and that line was pretending — ^because it could not be real — pretending to adopt the old tone of love and affec- tion ; all this time keeping up the engagement with Mr Minnoch, receiving the congratulations of her friends, receiving presents from him, and engaged in fixing the ti^ie of her union. But they met that day ; and the next letter was foimd in the desk, and was one of those brought by Stevenson to the Procurator-Fiscal. It bears date "Osborne Buildings, Receiving Office, Glasgow, 14th February 1857." It was written apparently on Saturday the 14th : — "My dear Emile, — I have got my finger cut and can't write ; I was glad to see you looking so well yesterday." I don't think that refers to their interview ; she was in the habit of passing his window and looking up at his window, for you find that referred to in subsequent letters, and the probability is that that is what is here refeirred to. The interview took place, as I have shown, on Wednesday night : — " I want the first time we meet that you will bring all my cool letters back — the last four I have written — and I will give you others in their place" — these are the only letters she asks for now — the cool letters; she asks for' those letters that she had written in her cool moments, to convince L'Angelier that she is as true to him as ever; but she makes an appointment for Thursday, and if that letter was written according to the postmark, plainly the quarrel has been made up, and it must have been after the date of these despairing letters. The day was Thursday, 19th February. Be kind enough to bear that in mind. We are now coming to the very crisis of the case. On Tuesday the 17th February L'Angelier dined with Miss Perry ; he told her he was to see Miss Smith on the Thursday. Thursday was the 19th, and you find in this letter a corroboration 241 of that statement of Miss Perry's ; he told her that he was to see Miss Smith on the 19th ; she says—" Write me for next Thursday ;" he must have called with the letter ; he had that ' appointment with her, itiid he had told Miss Perry that he had seen her on the 19th — some day before the 22d of February, as I say the 19th of February, and you wiU see whether that is proved or not iinmediately. L'Angeller in the middle of the night was seized with a sudden illness. You heard it described by his landlady, Mrs Jenkins ; it was vomiting, purging, vomiting of a green stuff, and excessive pain. He lay on the floor all night ; he was so 9 ill that he could not call for assistance for some time ; and his landlady found him in the morning. At last he was relieved, but only after a great deal of suffering. These symptoms were the symptoms of arsenic. My learned friends say that it might be cholera. Never mind at pre- sent whether it might be cholera or not — these symptoms were the symptoms of arsenic, the symptoms of an irritant poisoh. I sliaE consider by-and-by whether the symptoms of cholera are precisely the same. It is enough that they were the symptoms of arsenical poisoning. He recovered ; and he went out on the day after, on the 20th. On the 2lBt, the prisoner purchased arsenic at the shop of Mr Murdoch — a very singular purchase, gentlemen, for a person in her position to make. But it was not the first time in the history of this, case that she had tried to buy poison. She had tried to buy poison before that meeting of Wednesday the 11th. I shall not stop just now to discuss the question of the reason which she gave for it, because my object at present is simply to give you the facts historioSlly, although if you should find that the excuse she gave for the buying of the poison was a false one, it is evident how strong and inevitable the conclusion is which' you must necessarily draw from that single fact. But she went to Murdoch's shop ; she asked for the arsenic openly, but the story she told in regard to its use was, upon her own confession, an absolute falsehood ; she said she wanted it to poison the rats at Kow. A different excuse is afterwards given for the purchase of it. 242 but you have this singular and startling fa<:t, that oh the 21st she goes into Mr Murdoch's , shop alone ; she asks foi^ arsenic ; says that the gardener at Bow wants it to poison rats ; she. says he has tried phosphorus paste, but that that will not do, and that he wants to try arsenic. Gentlemen, that was an utter falsehood — an admitted falsehood. We shall see immediately what she says the real reason was, and it was different from the one she. gave in the shop. Having purchased that 'arsenic on the 21st, according to my state];asnt, L'Angelier saw her on the 22d, which was a Sunday,^nd on the night of the 22d and the morning of the 23d he was again seized with the very symptoms that he had had before — the identical symptoms, in a somewhat milder form — vi?., the green vomiting again, the purging again, pains again, the thirst again — ^everything, in short, which you would expect in a case of arsenical poisoning. Gentlemen^ I deseribed these eymptoms to Dr Christison, and you heard what he said he would have concluded. Dr Thomson, who attended the patient, said that the symptoms which he himself saw were the symptoms which he would have expected in a case of arsenical poisoning. And for the present, for the purpose of what I am now maintaining, it is quite enough for my story that the symptoms were in substance those which follow /rom arsenical poison, ing. And that is on the 22d. There is no doubt about that date. It is Monday the 23d and Sunday the 22d, it is the evening of Sunday and ihe morning of Monday about which we are now speaking. Now, gentlemen, it is most material to give me your attention at this particular part of the case. If you believe Miss Perry — ^and Ithink you wiU find no reason to disbelieve her — L'Angelier told her that he had seen the prisoner on the 19th, that he had been ill immediately after the 19th, and that he had afterwards been ill — after the 22d and 23d— I don't know that she named these dates, but she certainly said he was twice ill before she saw him, and he told her this that these two iUnesses had followed after receiving coffee one' time and chocolate another time from the hands of the prisoner, Kow, if that be true, iuid if he oertainly said so, then it is certain that he saw her upon the 19th and that he saw her upon the 22d ; and in corroboration of that will you listen to this letter which was found in the tourist's bag, tad which un^iues- tionably was in the state in which it was when found. And I think you will consider this letter of the deepest importance to the facts of this case. It was posted at Glasgow, the date was illegible, and we had a great deal of discussion with the witness from the Post Office as to what really was the postmark. He thought at last he saw a letter which indicated March. My learned friends disputed the accuracy of his inspection, and I am inclined to dispute it too, and, indeed, I do dispute it. The man was wrong. I believe the postmark is entirely obliterated. If you have any curiosity, or rather, if you think you should look at it, as my learned friendsproposed you'should, I am sure I have no objection whatever, but I will tell you the real date of it, and I shall prove it irrespective of the postmark. Its date was Wednesday the 25th February ; and now I shall read it : — " Tou looked bad on Sunday night and Monday morning." That could only be Sunday the 22d, and Monday the 23d February. " I think you got sick with walking home so late, and the long want of food, so the next time we meet I shall make you eat a loaf of bread before you go out. I am longing to meet you again, sweet love. My hand aches so, and I am looking so bad that I cannot sit up as I used to do • but I am taking some stuff to bring back the colour. I shall see you soon again. Put up with short notes for a little time." Now, gentlemen, if that was written on the 25th, it proves that he saw her on Sunday and Monday the 22d and 23d. It proves that he was sick at that time and was looking very bad. According to my statement, he was ill on the 19th. It proves that she was thiri"kingabout giving him food, that she was layingafounda- tion for saying that she was taking stuff to bring back her colour. It proves that she was holding out a kind of explanation of the symptoms which he had, because she says she is ill ' herself ; and it proves that all this took place the day aftei: she had bought arsenic at Murdoch's. 1/ Angelier said that it took place after receiving a cup of 244 coffee from herself j and? she says in her own declaration that npon one occasion she did give Mm a cup of coffee. As to the date of this letter, these tew facts determine it absolutely. In the first place, it was after his iUness ; it is dated on Wednesday, and it is after his illness, after he was unable to go to the office in consequence of illness, for it says — "I am so sorry to hear you are ill," &o. The prisoner is shown that letter, and refers to it in her declaration, as alluding to his recent iUness. She says it was a mere jocular observation that about the want of food ; and that, as she attributed his illness to'the want of food, she had made that observation about the loaf of bread. If she knew he was ill, it could not be "Wednesday the 4th March, because she says in this letter dated "Wednesday : — "I cannot see you on Friday, because M. is not away, but I think on Sunday she will be away, and I might see you, but I shall let you know." Npw, the first "Wednesday of March was the 4th, and there is a letter of 3d March, in which she tells him they are going to the Bridge of Allan on Friday the 6th, and therefore it is perfectly impossible that on "Wednesday the 4th she could write him she could see him on Sunday. They were going to the Bridge of Allan on Friday, the 6th, and therefore it could not be that "Wednesday (the 4th) she wrote on. The next "Wednes- day was the 11th, and by that time slip was at the Bridge of Allan, and L'Angelier was in Edinburgh. The next "Wednesday was the, 18th, and that is the day L'Angelier was in , Glasgow, and it is quite, plain she never could have, written ; a letter on that day saying— " I am so sorry to hear you are ill. I hope you will soon he better — take care of yourself," because on "Wednesday the 18th he was greatly better, and had just returned ;from Edinburgh. ISTow, that I have shown you how the matter stands up to Wednesday the 25th February, what do you think of it ? No doubt the illness of the 19th takes place when I cannot prove the prisonerha jl any arsenic in the house — that is perfectly true. The prisoner took some pains to prove that arsenic might be had without being purchased in a druggist's shop, but you will look at the smrounding circumstances in the 246 case — at the fact thai L'Angelier said his two first Uliiesses had arisen immediately after receiving a cup of coffee one time and a cup of cocoa or chocolate the other, that she admits she did give. him a cupiof cocoa, that she had the means of making it in the house, that the illness the secondtime was the same as the first time, and that upon both occasions these illnesses were symptomatic of arsenic. You will also consider, what weighs on my.mind, what was the nature of the arrangement between L'Angelierand Miss Smith. How did she propose to extricate herself from the difficulties iu which she found herself placed ? She had everything at stake — character, fame, fortune, and everything else. She knew she could not get back her letters by entreaties, and she did not endeavour to get them by that means any loiiger, but professed to adhere.to their engagement. What did she contemplate at that moment ? For the first time she begins to pur,- chase, or endeavour to purchase, prussic acid. And now, gentlemen, for the arsenic. "Wliat reason does she give for the purchase of arsenic ? She says she had been told when at school in England, by a Miss Gaibilei, that arsenic is good for the complexion. She came from school in 1853, and, singular enough, it is not till that week of February prior to the 22d that she ever thinks of arsenic for that purpose. Why, gentlemen, should that be ? At that moment I have shown you she was frightened at the danger she was in in the highest degree, and is it likely that at that time , she was looking for a new cosmetic ? But what is the truth as to what she had heard, or very likely read? Wkat is the use of the. arsenic, and what does she say ? She says that she poured it all into a basin, and washed her face with it. Gentlemen, do yon believe that ? If she was following out what siie found iu the Magazines, that was not what she found there ; for they say that the way to use arsenic is internally. Therefore do you believe that she got the arsenic for the purpose she says ? A very respectable gentleman came into the box yesterday to swear that 'arsenic might be safely used in that way, and he actually had the courage to try the experiment on Saturday. I should not like to say anything to shake 246 the nerves of that gentleman, but the experiment cannot be said to be yet completed, and yrhat he 'did on Satur- day may produce some illness hereafter. "With all deference to Drs Maclagan and Laurie, we have heard from the two first authorities in Europe, that such practices may be attended with danger. Dr Maclagan says that if you shut your mouth and eyes the experiment may be safe ; but Dr Penny and Dr Christison tell you plainly they would not like to wash in it. But has ihe prisoner shown you, or has her counsel, with all their ability, that any man anywhere ever propounded washing with arsenic as a cosmetic ? Before ^ou can take such a preposterous story, she must show that in some reasonable and rational manner she was led to believe that this cosmetic might be usefully and safely used. But aU that has been referred to is the swallowing of arsenic. She says she used the whole quantity each time in a basin of water. I fear, gentlemen, there is but one conclusion, and that is, that there is not a word of truth in the excuse ; and if therefore you think there are two falsehoods here about the poisoning — the first told in the druggist's shop, and the second made in her declara- tion — I fear the conclusion is inevitable that the purpose tor which she had purchased it was a criminal one, and that, taking all the circumstances together, you cannot possibly doubt that the object was to use it for the purpose of poisoning L' Angelier. But this time it failed ; he is excessively ill, but recovers. How she got the poison on the 19th.I say at once I am unable to account for. But you will recollect what the symptoms were. You will also recollect the letter, and that this letter proves' the conclusiveness of what has been said before, that L' Angelier was sick at the time of their meetings And that reminds me of what I had forgotten. The witness Thnau, you will remember, asked L' Angelier if he had seen Miss Smith on the occasion of his illness, and he said he had. If that took place on the 19th, and I think I have proved it, then you have additional evidence that the 19th was the day. It is quite true that Mrs Jenkins says that she did not think that L' Angelier was out on the 22d, but she 247 said BO with liesit»liion, and it is quite plain that her reoollection of the period is not very accurate unless she has something to guide her. Bat jf that letter on the 25th be truly written on tlie 25bh, then unquestionably, he was out on the Sunday night until Monday morning, and told Miss Perry accordingly. He gets better, and on the 27th of February, a letter, found in the tourist's bag, clearly identified, bearing the postmark of 27th February 1857, is sent from the prisoner in these terms : — "My dear sweet Emile, — I cannot see you this week, and I can fix no time to meet with you. I do hope you are better — keep well and take care of yourself. I saw you at your window. lam better, but have got a bad cold. I shall write you, sweet one, in the beginning of the week. I hope we may meet soon. We go I tlunk to Stirlingshire about the lOch of March for a fort- night." . That pro\res, if there were anything to prove, that the Sunday night and Monday morning were not subsequent to the 27th February, Observe she says: — "I do hope you are better. I am better, but have got a bad cold." There- fore this letter of the 27th is quite clearly, con- nected with the letter of the 25th, in which she say#, " I am sorry to hear you are ill ; I am not well myself — my head aches so." Then she writes on Friday to say, " I hope you are better, &c." Now, what was L'Angeiier about all this time ? We have very clear evidence of that from Kennedy, Miss Perry, and Dr Thomson. The man was entirely changed ; he never recovered his looks ; he never recovered his health ; he appeared in the ofiice, as Miller told you, with his complexion gone, and a deephectic spot on either cheek. He appeared in Miss Perry's on the 2d March, a man entirely altered from what he used to be. He was advised to go away from his office ; he followed the advice ^iven hun, and did not return till next week; and it is proved by Mrs Jenkins, Dr Thomson, and Kennedy that this was the only occa- sion on which he was detained by illness from the office. He was recommended to leave town for the good of his health, and he got leave of absence from the office. While I am here, let me just Allude in a single 248 sentenca to the cotiT^eisation that took place between Miss Perry and L'AngeUer. Gentlemen, you could not fail to be Btruck with It. ' He said his love for Miss Smith was fascination, and he used the remarkable expression.— "If she were to poison me I would forgive her." He had said before and elsewhere to Kennedy that he was perfectly infatuated about her, and that she would be the death of him. He used the expression — " If she were to poison me I would forgive her" — in connection with the statement that his iBness had immediately followed his taking a cup of coffep or cocoa from her. Unless it were true that he had felt ill with a cup of coffee on one occasion and a cup of cocoa on the other, what could have put it into his head to say — " If she was to poison me I would forgive her." If you believe Miss Perry's story, that he got a cup of coffee the first time and a cup of cocoa the second, and take into account the effects that followed, would you think it strange that he should say, " It she was to poison me I would forgive her ?" "With the other evidence I have brought to bear upon this critical period — from 19bh to 27th Febniary^-I leave you to judge whether at all events it is not certain, first, that they met on these two occasions ; second, that he got something from her on both occasions ; and third, that his illness succeeded immediately after having got a cup of coffee in the first place, and a cup of cocoa in the 'second ; and that, in the last place, these illnesses took place under circumstances which led him to say, half iii joke, half in earnest, " If she was to poison me I would forgive her." Miss Perry does not say this was a serious belief. It would appear to have been a floating notion which coursed through his brain, and I suppose he drove it away. We shall see what happened to drive it _away ; we shall see protestations of renewed love, which probably made him believe that that phantom, suddenly conjured up, was after all a mere delusion of his brain. In regard to Miss Perry's evidence I will say that it was a remark made in the Fiscal's office which made Miss Perry think again as to the day of L'AngeUer's first illness— that at first she thought the 19th was not the day, but ' she began to 249 reflect, and she found it must be so ; because he was dining with her on the 17th in 'Sood health. He had been dining with her before in good health, and there- fore as he had told her he had an engagement oa the 19tli, she knew that that must be the day. While L'Angelier was reooV'ering, the prisoner writes a letter dated Tuesday the 3d of March. It appears that L'Angelier had proposed to go to tha Bridge of Allan, and on Tuesday the 3d of March the prisoner writes this letter to say that they intend to go to Stirling for a fortnight, and to go on Friday the 6tli. But it seems that L'Angelier had some thoughts of going to the Bridge of Allan too : — " My dearest EmUe, — I hope by this time you are quite well, and able to be out. I saw you at your window, but I could not tell how you looked — well, I hope. I am very well. I was in Edinburgh on Saturday to be at a luncheon of forty at the Castle. It was a most charming day, and we enjoyed our trip very much. On Friday we go to Stirling for a fortnight. I am so sorry, my dearest pet, I cannot see you ere we go — but I cannot. Will you, sweet one, write me for Thurs- day, eight o'clock, and I shall get it before two o'clock, which wiU be a comfort to me, as I shall not hear from you till I come home again ? I am very well ; and I think the next time we meet you will think I look better than I did the last time. You won't have a letter from me this Saturday, as I shall be off ; but I shall write the beginning of the week. Write me for Thursday ; sweet love, and with kind love ever believe me to be yours with love and affection,— Mini." The terms of this letter prove distnctly, I think, that this letter, which I have presumed to be dated on the 25 bh, could not by any possibility have been written after that. She writes the next day a letter posted on the 4th March, and clearly written at that time : — " Dearest Bmile, — I have just time to ,write you a line. I could not come to the window, as B. and M. were there, but I saw you. It you would take my advice you would go to the South of England for ten days ; it would do you much good. In fact, sweet pet, it, would make you feel quite well. Do try and do this. You will please me by getting strong 250 bnd well again. I hope you won't go to B. of Allan, as P. and M. would say it was I broaght you there, and it would make me to feel very unhappy. Stirling you need not go to, as it is a nasty dirty little town. Go to the Isle of Wight. I am exceedingly sorry, lore, that I cannot see you ere I go. It is impossible, but the first thing I do on my return will be to See you, sweet love. I must stop, as it is post time. So adieu, with love and kisses, and much love. I am, with love and affection, ever yours. — Mini." She had made the attempt at poison on two occasions, and had failed. Apparently her heart was somewhat touched, and "pro- bably she thought that if she could get him out of the way she might have her marriage with Mr Minnoch over without his knowledge, after which it would be easy to get her letters, as there would be no motive for keeping them. You will see what L'Angelier says to this proposition to go to the Isle of Wight. It cannot but have struck you that these last letters, though written in the words, are not written in the old spirit of the letters between these persons, And, as it must have struck you, so it "struck L'Angelier himself. And I am now to read to you what I regret to say is the only scrap of evidence under the hands of this young man that I am able to lay before you. But that letter is of some conse- quence. It shows the tone of his mind, and his position altogether, after what had taken place between them since the reconciliation ; and indicates very plainly what at that time his suspicions were. The Lord Advocate then read L'Angelier's letter, dated " Glasgow, March 6," in which he expresses suspicion that there is foundation for the report of the prisoner's intended marriage with Mr Minnoch, demands an expla- nation about the necklace presented to her, direct answers to the questions she had before evaded, and asks why she wishes so very much that' he should go 500 miles off to the Isle of Wight ? Observe, gentlemen, that in that letter he says very plainly that, after the meeting of the 22d, he was " forgetting all the past." What- ever had floated through his mind on the subject of the strange oolnoidence of his illnesses on the one hand, and 251 his visits to the prisoner on the other — all that he put away ; and he says that he was "forgetting all the past." "But now," he says, "it is again beginning. Mimi, I insist on having an explicit answelr to the (^viesiions you evaded in my last. If you evade answering this time, I must try some other means of coming to the truth." This was written on the 5th March. He says he won't go to the Isle of AViglit, and that the doctor tells him he must go to the Bridge of Allan. The prisoner buys her second ' ounce of arsenic next day. But before she does it, she writes this letter on the 5th. It plainly was written on the 5th, because the press copy of the letter from L' Angelier bears date the 5th, and it is an answer to that. " My dear sweet pet," she says, "lam so sorry you should be' so vexed ; believe nothing, sweet one, till I tell you myself. It is a report I am sorry about, but it has been six months spoken about. . . . We shall speak of our union when we meet." Keeping it up, you see, gentlemen, till the last ; for when she was at the Bridge of Allan she made all her arrangements for her marriage with Mr Minnoch in June. " I wish, love, you could manage to remain in town till we come home, as I know* it will be a grand row with me if you are seen there. . . . Neither M. nor his sisters go with us." No, but she knew that they were going there at the same time. " If you do not go to Bridge of Allan till we come'home, come up Mains Street to-morrow, and if you go, come your own way." As I told you, next morning she went into Currie's shop with Miss Buchanan to pur- chase arsenic for the alleged purpose of killing rats in the Blythswood ' Square house. She asked for sixpence-worth, having bought the very same quantity on the 21st February. After she gets a letter from L' Angelier, saying, " If you won't answer my questions, I will not any longer put them to you, but will find another way of satisfying myself," she writes him: — "Do not come to Bridge of Allan, but go to the I«le of Wight. If you come to Bridge of AUan, come your own way." But in the expectation that he might come to Bridge of Allan on *he 36th. — [Lord IvoRT 252 directed the attention of the Lord Advocate to the words in the prisoner's letter last referred to — " I wiU tell and answer you all questions when wo meet."] — The Lord Advocate, after reading the sentence pointed out, pro- ceeded — The prisoner purchased that arsenic unquestion- ably upon a false statement. The statement was that it was rats that were to fee poisoned, and that there would be no danger, as the house was to be shut up, and all the servants were to -be away. "Well, all that . story was absolute falsehood ; the servants were not leaving Blyths- , wood Square house, and there were no rats there to kill. Again, it is said to be for her complexion. Do you really think that it did her so much good the time before that she came back for more of it ? No one in that' witness-box has had the courage to say that arsenic, when applied to the skin, had any other than an irritant effect. It could not have been used as a cosmetic, and at the very lowest, could not have been found to have so beneficial an effect as to induce a repeti- tion of the experiment. But when the prisoner found the toils coming closer around her— -Xi'Angelier deter- mined not to be put off— and she herself pledged to an absolute falsehood — viz., that the report of her marriage is not true — she purchases ailother dose of arsenic. Draw your own conclusion, gentlemen ; I fear you will find but one at which it is possible for you to arrive. It is said, what did she do with all this arsenic ? she could not use the half, the tenth, the twentieth part on the former occasions. It is not difficult to account for that ; when- ever she used so m^ch as she required, the rest was thrown into the fire. She did not go to the Bridge of Allan, and . had therefore no occasion to use it there ; and when she found she had no use for it, she disposed of what she had bought. The two last letters she wrote were' from the Bridge of Allan. They are cold letters enough. The first of them bears the postmark Bridge of Allan of the 10th March ; and she says among other things in it, that she shall be home on Monday or Tuesday, and will write him when they shall have an interview. Observe that it is an interview she speaks of, and you will imme- diately see with what feverish . impatience L'A.ngelier 253 waited for receipt of that letter appointing the interview. The last letter from her at the Bridge of Allan is dated 13th March, in. which she says: — " I think we shall be home on Tuesday, so I shall let you know, my own beloved sweet pet, when we shall hare a dear, sweet interview, when I may be pressed to your heart, and kissed by you, my own sweet love." Then she saya, "I hope you will enjoy your visit here." By that, time it had been arranged that L'Angelier should postpone his visit till the Smiths came back. The marriage with Sir Minnoch at this time was all settled — the day was fixed — • the prisoner was committed beyond all hope of recovery, and had but one way out. But leaving her there for the present, let us follow the fortunes of L'Angelier for the next most critical ten days of his life. He gets leave of absence on the 6th, goes to Ediubui'gh for a week, sees a variety of persons, and gets much better. Several witnesses have told you how he ate — how he talked about his illness, and you have heard how he repeated in the house of Mi- Towers the singular statement he had before made to Miss Perry that he had got coffee and cocoa from somebody, and that illness immediately succeeded on taking these two substances. He says, "I do not wonder so much that X should be ill after cocoa, for I am not accustomed to that, but that I should be 01 after coffee, which I take regularly, I cannot account for." And they were so much struck with the remarkjihat they said to him, "Has any one any motive in poisoning you ?" To that he made no answer ; bijt you will not omit to see the corroboration that gives to the story of Miss Perry, and to the real circumstances, as I have explained them -to you. The week after he was to have a letter appointing an inter- view. He had not had one since the 22d, and he was -longing for it with impatience. He came back to Glasgow on Tuesday the 17th, and said, " Is there no letter waitmg for me, for they were to be home on the 17th, and she was to write and say when the interview was to be." He stayed at home all Wednesday, better in health, but low in spirits, expecting a letter. He went to Bridge of Allan onThursdaythel9th,audafterhe t)ad gone, alettercame. 254 He did not get that letter at bis lodgings, hut he had left his address with M. Thuau, with instructions to forward any letter which came ; and the envelope is found addressed to his lodgings, and pasted between 8.45 A.M. and 12.25 p.m. on Thursday. That envelope was found in the tourist's bag, and I make that remark in consequence of an observation made by my learned friend. That letter has never been found. We do not know what became of it, but this is certain, that the envelope without the letter was found in the bag ; and as the things in the bag were marked at once, there can be no doubt whatever as to the state in which they were found. I regret the absence of that letter as much as my learned friend can, though I think there is external evidence of what that letter set forth. It arrived, however, on the 19th March, Thursday, and Thuau on the same day addressed it to the Post Office at Stirling ; and that was posted at Franklin Place on the night of the 19th March, and reached Stirling about nine o'clock on the 20th. On the 20th L'Angelier writes to Miss Perry, and says : — " I should have come to see some one last night, but the letter came too late, so we are both disappointed." After a letter or two which are not material now for me to read — though they were material as identifying the course L'Angelier took, as proved other- wise—after a letter or two from Mr Stevenson and others, we come to the last of the series. (His Lordship then read the letter from panel, with postmark " Glasgow, March 21," beginning : — "Why, my beloved, did you not come to," &c. . . . "I wiU wait again to- morrow night, same hour and arrangement.") That letter was posted in Glasgow, it at a box, between 9 A.M. and 12.30 P.M., and if in the General Post Office, between 11.45 a.m. and 1 p.m. That letter was found in the pocket of the coat. About that letter and envelope there is no dispute nor question whatever. Tliere was an appointment for Thnrs(iay the ]9th. On Wednesday the 18th she bought her third packet of arsenic She went back to Currie's shop on the 18th, told him that the first rats had been killed, that they had found a great Bjany laige ones lying in the house, and, as she had got 255 ^senio before, appeared to be a respectable person, and told her story without hesitation, on the 18th March, she got her third packet of arsenic. That letter was enclosed by Thuau to L'Angelier on the same day with the rest. He enclosed it in a letter of his own, in which he says that the letter came at half- past twelve, and that he hastens to put it into the post, if there is time. L'Angelier got that letter after nine o'clock at Stirling on Sunday morning. He left shortly after the evening service had begun. It is proved by his landlady that he left at that time^t is proved by the postmaster that he got a letter — it is proved that he was in his usual health. He walked to Stirling, started instantly, taking the letter as an appointment for Sunday night. The question whether it was so or" not is immaterial. The guard recognised him as a, gentleman who travelled from Stirling to Coat- bridge, handed him over to Ross, the auctioneer, and he swears these two were the only passengers in that train who stopped at Coatbridge. They had food together in the inn ; the guard, Fairfowl, saw him start with Ross in perfect health at Coatbridge to walk to Glasgow. Ross swears that he walked with him to Glasgow, that he was quite well, walked briskly, did not tire, stopped at no place on the road, and arrived in his lodgings a little after eight ; and, Mrs Jenkins says, looking infinitely improved since he left her on the 19th. He came home in the greatest spirits, and told them that the letter had brought him home. They knew, and he made no secret of, why he had come home. The landlady knew so well that when he went out at night he was going to see his sweetheart, that she never asked him any questions on these occasion's. He stayed in the house, took some tea, and left the house in 'his usual health a little after or before nine o'clock. He is seen sauntering along in the direction of Blythswood Square about twenty minutes past nine. It is too early. He knows the ways of the house, and knows that they have prayers on Sunday night. He must beguile the time a little, and so he goes past Blythswood Square, down to the other side, and makes a call on his acquain- tance, M'Alester, in Terrace Street, but does not find him at home. The maid-serrant recognised him, and ,' 256 says he was there aA)oiit half -past nine. Here we lose sight of him for the period of two or three hours ; but there is no attempt to show that any mortal man saw hijn anywhere else than the only place he was going to. He, went out with the determination of seeing her ; and believing that he had an appointment at that place, you cannot doubt that, after coming from the Bridge of Allan, post haste, to see her, walk- ing first from Bridge of AHan to Stirling, then travelling from Stirling to Coatbridge, walking from Coatbridge to Glasgow, and then walking from hia lodgings in the direction of Blythswood Square — you cannot believe that he would give up his purpose within a hundred yards of the house. The thing is incredible, impossible. Well, gentlemen, as I said, he knew the ways of the house; he knew when it was the habit cf the family to retire to rest, and that he would have to wait till Janet was asleep. Canyon believe — is it reason- able to believe — that after all these preparations, L'Angelier should have returned without going into the house ! The thing is impossible. But if he did go to the house, what do yon suppose He did ? He went of course to the window and made his presence known. He could do it with certainty. The prisoner denies she heard" anything that night. Is that within the region of possibility ? She writes him a letter. I know she says the appointment was for Saturday. But do you suppose that in the course of that correspondence, even if that were true, she would not have waited fur him next night on the chance of his being out of town ? The interview was long delayed, anxiously looked for— the 'interview at which everything was to be explained, in an explanation which she knew he was waiting for. Is it possible that she went to sleep that night, and never woke till the morning. Gentlemen, whatever elsa you may think, I think you will come to this inevitable conclusion, that L'Angelier did go to the house, did make his presence known ; and if he did that, what means bhe denial in the prisoner's declaration, that L'A.ngeller was there that ' night at aU ? It is utterly inconceivable alid impossible. You have no other trace of him. The 257 policeman, it is true, did not see him, but neither did he see him in many a midnight walk — for you know what a policeman's beat is. Bat that he was there is certain. This was the critical night, when the question was to be decided of her fame and reputation for ever. How do we see him next ? He is found at his own door, without strength to open the latch, at two o'clock in the morning, doubled up with agony, speecWess, parched with thirst ; vomiting commences instantly, and the former symptoms, with great aggravations, go on from two till about eleven o'clock, when the man dies of arsenic. So ends this unhappy tale — that I have taken so long to tell you. His last words are few. No one asks him where he has been. They know where he has been, and that is why they do not ask; so says his landlady. She knows where he has been, but asks no questions ; but she was a kindly attentive woinan, and she does say to the doctor — What can be the meaning of' this, that while he has gone out in good health twice, he has come back ill ; we must have this inquii-ed into, for I cannot comprehend it. The unfortunate viqtim him- self is unwilling plainly to admit to liimself what doubtless he suspected. He says, " I never had bile before ; I do not know what it is; I never felt this way before; I am very cold ; cover me up." On the first proposal to send for the doctor, he says — for he certainly does seem to have been a kind-hearted creature — ^he says to his landlady, " It is too far for you to go." After a while, as he is worse, the landlady again pro- poses to go for a doctor, one who is near at hand, and he says, " If he is a good doctor, bring liim." He makes some difficulty about taking the laudanum, having an aversion to all drugs, and tliinking that as he had got round before without laudanum, he would get round again. But the symptoms get worse, and he tells Mrs Jenkins to go for Dr Steven, who conies. Now, gentlemen, I shall have to speak to the idea, of suicide. But was it not remarkable that not a single question was asked of the doctor as to whether L'Augelier seemed to wish to get better or not. The evidenoe of Mrs Jenkins, from first to last, shows "' ' ' 'I ' that L'Angelier was most anxious to recover. And among the very last things he said was, " Oh, if I could only get a little sleep, I think I should recover." At last, Mrs Jenkins, taking alarm, says, " Is there any one you would like to see ?" He replies he would like to see Miss Perry. He does not say he would' like to see Miss Smith. If he thought that his life was really in danger, sorely the natural feeling is, that he should wish to see her whom of. all the world he was most devotedly attached to. But he expressed a wish only to see Miss Perry; and, doubtless, if he had seen Mis? Perry, we should have known more about this case than we do now. But' before Miss Perry saw him, death had sealed his mouth ; it had caught him more quickly than the doctor or his nurse expected, and more quickly, than he had any idea of himself. And so, when the doctor raised his head from the pillow, it fell back, and the niystery remains .sealed, so far as the tongue of the unhappy victim is concerned. Now, gentlemen, I am very much mistaken indeed if all this has not produced an effect on your mind leading to one inevitable result. I don't wish to strain any point against the unfortunate prisoner at the bar. The case is one of such magnitud", the amount of evidence so intricate, and depending as it does upon minute circum- stances, the more so from the position in which I am now obliged to present the case — I have found it necessary to coUeot all the little facts and put them all together, in order to construct, as I say, a chain of evidence that appears to me completely irrefutable. But, notwithstanding that, I have no desire whatever to press you beyond the legitimate consequences of the facts which I have now stated ; and I shall therefore go on to consider, with aU. the candour that I can, the defence that has been set up. Just let me, before I do so, reca- pitulate that which' we have proved. We have brought these unhappy persons down to the end of December, bound to each other in a way which truly was indis- soluble, because the prisoner was so committed in her letters that, except with L'Angeliei-'s consent, she never pould have got quit of him. You will fijid her engaging 259 herself to another, and trying to break off from L'Angelier by mere coldness, and not succeeding ; you find the threats of L'Angelier, you find her despairing letters, you then find a meeting fixed, and the first indications of poison being given ; the meeting takes place, a reconciliation is effected, but the engagement trith Mr Minnoch goes on. In about a fortnight or ten days he is taken iU after the purchase of arsenic on one occasion — I have not been able to prove the purchase on the other occasion — but it is proved by her own statement that he was taken ill after getting something from her ; he proposes to go to the Bridge of Allan ; she entreats him not' to go, because Mr Minnoch is there ; and by-the-by I forgot to read, although I will not now stop to read, the letter which on the 16th March — the very time she appointed for the last meeting with L'AngeMer — she wrote to Mr Minnoch, her intended husband ; he takes iU, talks of going to Bridge of Allan, she tries to dissuade him from going, but he goes ; she buys arsenic on the 18th, she writes to make an appointment for the 19th, and she buys arsraiic the same day ; he does not keep his appointment for the 19bh, but he does so on Sunday in answer to a second invitation from her, which is found in hia pocket; he goes back to Glasgow for the express purpose of keeping the appointment, he comes home and dies of arsenic within twelve or fourteen hours. Gentlemen, I have concluded that part which I con- sidered necessary relative to the case of the prosecution. But it is right that I should now read the letter which the prisoner addressed to Mr Minnoch. It is dated the IGth of March, the day before the family returned from the Bridge of Allan. I read it to show you the inex- tricable difficulty in which the unhappy prisoner had placed herself. [His Lordship accordingly read the letter to Mr Minnoch, which has been already published.] This letter was written two days before she wrote making the assignation with L'Angelier only a very few days before his death, and it was found in his pocket after hjs ^eath. There is one, other incident to which I must call your attention, and it is this. Apparently the 12 260 prisonesr had shown no particular agitation at the news of L'AngeKer's death. Gentlemen, if, she is capable of committing the crime charged, you will not wonder at her self7possession ; but news came on Thursday. Some- thing on that day reached her ears. "What it was we do not know. One morning she was missed from her father's house. Whether she had been in bed or not is not certalin. Janet, her sister, says she was not in bed when she awoke in the morniiig. She was not seen that morning by any of the servants. She was found by Mr Minnoch at half -past three o'clock in the Helensburgh steamer at Greenock. Where she was that evening we cannot discover. But it has been slaown that she was absent from half -past seven o'clock in the morning, when she was missed, till half- past three, when she was found by Mr Minnoch. So much is certain. 1 do not press this incident for more than it is worth, for the mere discovery of the letters was enough to induce her to fly from her father's house. But still the fact remains that these letters were discovered, , and that the prisoner flies. She is brought back by Mr Minnoch.' From a very gentlemanly feeling he asks no questions, and she never explains, and never has explained, what she did on that occasion. This incident bears, therefore, on the' case for the prosecution. As I said before, I have nothing but a public duty to perform. I have no desire to plead this cause as an advocate. My duty is to bring the case before you, as the ends of truth and justice require. But I would be wanting in my duty if I had not brought - these elements and culled these details to show you how they bear upon the accusation in the indictment. I now go to the defence. As I said before, I v/ill go into it in the spirit of candour. Now, the first thing may be taken from the declaration of the panel herself. Let us see what it says. The declaration is not anything in her favour, and though it were otherwise, I have no desire to lessen its legitimate effect upon your miiid. IE she can tell a consistent story — a story consistent with the evidence— there is no desire to deprive her of the benefit of it. She goes on to say her name is Madeline Smith. [His Lordship then read the declaration, which has bben already published.] &entle- men, in regard to the last letter, you WiU see that the prisoner does not tell that the letter referred to was written on any previous occasion. Slie says he had been unwell, and had gone 'to the Bridge of Allan, and she is shown a letter, and I can refer the writing of it to the sickness before his death. In reference to the us5 of the arsenic, I cfo not of course know what my learned friend is going to say ; but I have not been able to find either in the publications of the Messrs Blackwood or the Messrs Chambers the shadow of a statement to the effect that arsenic, diluted in water, is ever used in the manner spoken of by the prisoner, and you have the evidence of the lady (Madame Guibilei), who told you that in the story read in the school at Clapton, it was said that arsenic was used internally hy tlie Styrian peasants for the purpose of making their wii-.d stronger, and also for improving the appearance of their complexion. Now, gentlemen, that is her account ()f what took place. She denies entirely that .she saw L'Angelier on the night before his death — she denies that she heard him at the window the night before his death. You will consider, gentlemen, if that is oojisistent with any reasonable probability. No doubt the girl Janet slept with her. She said she found her there when slie awoke in the morning, and that she went to bed with her at the same time that night. My learned friend did not ask her, and perhaps properly, whether she had heard any noise during the night, and the prisoner is quite entitled to the benefit of the supposition that her sister did not hear any noise during the night. Again, the foot-boy who slept in the front of the house declares he heard nothing, and the two maids, who slept in the room behind, swear they heard nothing. But, gentlemen, so far as regards Janet, you have it positively proved that L'Angelier w^ in the habit of coming night after night to the window — you have it proved that on many occasions he did come to the house — and you certainly have -it proved that on some occasions he was in the house with the prisoner. It does not appear that Janet knew anything about these meetings; and you l3 have her referred to someMmes in, the letters, in ■whibh the says she conld not get Janet asleep last night, as an excuse for not having been at the window to receive him. In regard to the servaYits, you will recollect how the house stands by the plan; and that nothing could be easier than for the prisoner, if she had a mind, to go tip stairs and" open the front-door to receive him into the drawing-room ; or, if the area gate were left open, she could with great ease (for the boy slept soundly, and foot-boys are rather apt to sleep soundly) open the area door, and let him in that way. "Whether she could let hinRn by the back without the connivance of Christina Haggart is another question. Christina Haggart swears that she did not connive at it on that occasion ; and it may be doubtful therefore whether that mode'of access was open to her ; and, therefore, while there is nothing in what these witnesses say to imply that they did not meet that night, there is certainly nothing to exclude the possibility of it. Asjto the prisoner's account of the use for which she bought the arsenic, as I said before, you must be satisfied that it is a reasonable and credible account before you make up your mind on this case ; because, unless it can be presented to you in some intel- ligible way tliat tliis arsenic was bought and used for this purpose, I am afraid tlie prisoner stands in this position : of having in her possession the very poison by which her lover died, without being able to account satisfactorily for the possession of it.- I do not mean now to go back on the observations I have already made ; but you will consider whether — the poison having only been purchased on these throe occasions, and never before — that is a true statement which she makes with regard to the use of it. You have to consider whether there is the slightest pro- bability — a probability wliich any reasonable man can entertain — that she made these three solitary purchases on these three days, and that she used the whole arsenic for that purpose, and that the coincidence of her meeting with L'Angelier on these particular occasions, and immediartely after these purchases, is a mere coincidence.- If you come to that conclusion, gentlemen, no doubt it will go very far indeed to maintain the defence j but if 263 you cannot, then I am very much afraid the opposite result follows inevitably. Bat then it' is said, and said with some plausibility, tliat the meeting whioli was intended to take place was a meeting trysted for tha Satiu-day, and not for the Sunday. !N"ow, gentlemen, the way I put it to you is this, that either of these two. suppositions is quite possible. The letter may have beein posted after eleven o'clock, in that ease there can be no> doubt that the tryst or meeting was for the Sunday — it may have been posted at nine o'clock, in which case probably it would have been the night before, and though it bcai's no date it may possibly have meant that the tryst was to be held on Saturday. Bat I may make this remark, thai while throughout this correspondence the Thursdays and Fridays and Sundays are the nights generally appointed for the meetings, I have found no instance — perhaps my* learned friend my find one — of mestuigs appointed for the Satutday. Bat still, gentlemen, that is within the bounds of probability, and it will be for you to consider, even supposing she expected L'Angolior on the Satur- (day, whether, knowing he was at Bridge of Allan, which she says she knew in Iier declaration, it is at all likoly she should not have waited on the Sunday also, in the case of his not having returned to town on the Saturday — that even if it had been tlie Saturday evening, the question is — Is it within the bounds of probability in this case, that he did not go to the window that night, and make himseltheard in the usual way ? But, gentlemen, it is one of the main tjieories on Vr'liich tlie defence is founded, that L'Angelier may have committed suicide. Of course, that is a matter with which I am bound to deal, and can deal only with the anxiety to discover truth, \yiiy, if we had found in tliis case anything indicating, with reasonable certainty, a case of suicide, we . might have disregarded all these facts on which this prosecution is founded. I own, gentlemen, however, and I say it with regret, that I have been unable to see from first to last, in the evidence for the prosecution or the defence, anything that warrants me in believing that this could possibly be a base of suicide. • You must deal with that, gentlemen — you must consider the question as 264 between murder and suicide; and, of course, if you are not satisfieid that it was a case of murder, you must give the prisoner the benefit of any doubt you may entertain on the subject. But, gentlemen, we have also to consider, is there any other conceivable cause for what has taken plaqe? therefore,, before I deal with the question of suicide, let us see whether other contin- gencies are altogether excluded. It seems to have been said that L'Angelier was an eater of arsenic, and that he may have poisoned himself by an overdose. Gentle- men, I think that rests on evidence so little entitled to credit that I need not deal -with it; and if my learned friend takes that defence, I am quite content to leave it in the hands of the Court, to direct you as they may think fit. The only evidence of L'Angelier ever having spoken of arsenio, is the evidence of two parties who knew him in Dundee in the year 1852. On one occasion he is said to have given it to horses ; but the evidence on that point is entirely uncoiToborated. And as to the other case — the lad who found a parcel of arsenio, but who never recollected the conversation with L'Angelier until a very few days before this trial, I must throw his evidence out of view altogether. There is not, from the time he came to Glasgow, the smallest suspicion that he was in the habit of taking arsenio ; he is not proved to have bought it on_any single occasion ; and it is not proved that he had it in the house at any time. The supposition therefore that he was in the habit of taking it, we must altogether reject ; neither is the slightest evidence that it would be possible, even by the practice of eating arsenic, regarding which I am very incredulous, to have arranged the matter that the amount of 103 grains should have been found in the stomach of the man. It is so completely out of the bounds of reason that I dismiss the hypothesis as' beyond the range of possibility. It seems, however, to be said, that perhaps at the Bridge of Allan he had accidentally got arsenic. But, gentlemen, that won't do— that is impbssible. The cases in which arsenic shows itself only after five hours are very rare indeed. Dr Christjson told you thkt active exercise would accelerate the action of the poison, and that from balf-an-hour to two hours is the ordinary time that it takes to operate. Buf L'Angelier left the Bridge of Allan at three o'clock. He walked to Stirling and was found at Coatbridge quite well, and he walked to Glasgow quite well, looking better than he had done for three weeks. He left his own house looking quite well at nine o'clock, and he is seen at Mrs Parr's at half -past nine in perfect health. You have thus him traced for upwards of six hours from leaving Bridge of Allan, and he is quite well, and you have no indication that at Bridge of Allan, Coatbridge, or anywhere else, he had arsenic, or could have had it. Therefore, gentlemen, it seems to me that accidental administration is out of the ques- tion, or the administration by any one else. It is not suggested that he saw anybody thai night except the prisoner, and you are therefore left to no con- jAjture, unless it be either a case of suicide, or a case of murder. Now this, as I said before, is a most important matter for you to consider, and you are bound to consider it most deliberately. If the case be suicide, within the limits of the evidence, of course you will say so ; but it is my duty to put these facts in the light in which they ought to stand ; and I say that I do not think the facta admit the possibility of this being, within any reason- able compass or probability, a case of suicide. Under any circumstances we should have to consider and place in the balance the probabilities of the case, because although a great deal of evidence has been led as to L'Angelier's temperament, I don't think much impor- tance is to be attached to this matter. You do not discern from a man's' temperament whether he is likely to commit suicide dt not, and I don't think we can learn from the statistics of suicide that the men whose tempera- ment would be supposed as likely to lead them to commit suicide are those who do so. In regard to L'Angelier's history, we have had a great deal of evidence, but it did not affect my mind in the slightest degree. There was evidence from one or two men who knew L'Angelier at a, time when he 2G6 was of a poorer class in life, and they, told about his having wished to put himself out of the world. "Well, bat listen ; even these witnesses proved to you that st that very time L'Angelier was a kind of gasconading, boasting man, such as a Jersey man might be ; that he was in the habit of boasting of his acquaintance with high families, of saj'ing what he knew not to be true. I do not know that they proved aU he said not to be true, because that gentleman from Dublin who seemed to think he was a vain lying fellow (and you will set his evidence against that of the persons fro"m Glasgow who knew the deceased), admitted that his story about the Fife lady was true, and it turned out that L'Angelier had a somewhat winning way among ladies. But it is said that he talked about committing suicide. He did so, but he did not do it. He said at one time that if any lady jilted him ho would put a knife in his breast ; but he was jilted, and he did not do it. The man that is going to commit suicide does not go to the window when his companion is in bed, and wait till he gets out of it. The man desiring to commit suicide does not go down with a companion to Leith Pier and say that he is going to drown himself. The man that commits suicide does not take a knife in his hand and say to his ooijipanions that ' he is going to plunge it into his breast. I think this temperament is much "the reverse of the suicidal. It is more the characteristic of our neighbours on the other side of the Channel ; but it does not to my mipd lead in the slightest degree to the conclusion in one way or other in regard to L'Angelier having committed suicide. I think you must deal with this matter altogether indepen- dently of these considerations. No doubt a variable temperament is a matter of some conseijuence. !Rapid transition from extreme elevation to extreme depression is a matter to be considered in such a case as this. But I think his conversation with Mr Miller in regard to the abstract question of suicide is perhaps the only thing that s proved on the other side that can bear on this part of the case. But then, gentlemen, you will have to consider the circumstances under which this supposed 267 suicide was committed. L'Angelier had taken up his position. He had a strong suspicion that there was something in the rumours about Mr Minnooh. He did not mean to kill himself if they were true, but he said, " I will show these letters to her father." That is what he meant to do. Well, ie came from the Bridge of Allan for the purpose of seeing Miss Smith, the prisoner — very happy, in good spirits, cheerful — he had a kind note from her in his pocket — he went out at night, to go to Blybhswood S4uare — he certainly had no thoughts of suicide. "Well, now, is it conceivable that, without having gone near the house, he committed suicide ? Is it within the bounds of evidence or probability? Where did he get the arsenic to buy that night ? Not surely at Todd & Higginbotham's store — not in any of th» chemical works — certainly not in any of the druggists' slibps. That is not conceivable. Is it in the least likely that a man in his position would go out to Blybhswood Square! and swallow dry arsenic there, and then totter home and die ? Gentlemen, that is a supposition that is entirely inconceivable. There is the possibility, no doubt, that he went to see Miss Smith, and , that she told him she was going to give him Up, and that this had a great impression on his mind ; but it she saw him, what comes of the declaration that she has made that she did not see him that night ? and if she did see him that night, is there any link awauting in the chain of evidence that I have laid before you. I can conceive of no possibility of it being a case of suicide that does not imply that they met, and if they met then the evidence of her guilt is overwhelming. The only chance of escipe for the prisoner is to maintain the truth of her declaration that they did not meet that night ; and, if they did not meet, I cannot see how the case can be considered as ojie of suicide. , You may, no doubt, con^ sider whether the truth is that he went to the house, and finding he was not admitted, and that Miss Smith did not hear him, went away in disgust. This is an observa- tion that may be made ; but you will consider, in the first place, whether it is possible that, having fixed a meeting ^Ije night before, I^'Angelierj if he went to ^he window, 268 would have desisted till he. had attracted Miss Smith's attention ; and, if he attracted her attention, then they met that night. Therefore, gentlemen, it must be main- tained by the prisoner that he did not go to the window, or make a noise there, for she says in her declaration that she never heard him ; and, if that be so, I say again I do not see how this can be treated as one of suicide. Bat then it is said that the quantity of arsenic found in the stomach clearly denoted a case of suicide, because so much could not have been given and successfully administered. , Gentlemen, I don't think this is made out, but ,quite the reverse, because if the poison were given in cocoa, as it probably was, it has been proved by Dr Penny that a very large quantity can be held in suspension in it, and Dr Maclagan proved the same thing, though my learned friend the Dean of Faculty did not ask him what amount might or might not be held in suspension in cocoa. No doubt it would require to be boiled in it. But, gentlemen, if the defence that is to be set up is that the prisoner saw certain things in Blackwood's Magazine, then she was not without some knowledge of the properties of arsenic. She had access to the kitchen, the fire of which was close to her bed-room. She had a fire in her bed-room, and she might have boiled it without the least danger. This, therefore, presented no difficulty. There is no proof that slie did so ; but, on the other hand, there is no iiroof, on the other side, in the slightest' degree to exclude the probability of it. And that there should be a large dose, is quite consistent with reason and the facts of this case. If we are right in saying that there were two former cases of administration which were unsuccessful (and it is proved that a slight dose might be given in coftee)— if there had been two doses which were not successful— is it not plain if the thing were to be done that night — just what we would have expected — that it should have been dope with certainty ? and consequently there is nothing surprising in the fact that the third dose was a very large quantity. It is said, gentlemen, and probably will be maj^ntaihed, that this arsenic was so mixed that trages gf jt must hav? teen foxjntj iij the stqmach, 269 and that therefore the arsenic must have been got by ■ L'Angelier and administered by himself. But as to that taken by L'Angelier a month before, no traces of carbonaceous matter could by any possibility have been expected. If Carrie's arsenic had been coloured with indigo, probably the colouring matter would have been detected in the stomach. But it was not coloured with indigo ; it was coloured with waste indigo ; and by experiment, as well as by theory, this was found to leave no trace. There were, no doubt, experiments made by Dr*Penny, in which very minute particles of carbonaceous matter were found in the stomach, mixed with; the arsenio But, gentlemen, when Dr Penny, in the first place, examined the stomach, his attention was not directed to this subject at all ; and it was his subse- quent experiments that were directed to this matter. Dr Christison also told you that, unless in one part, he could hot have expected to find traces of the colouring matter — ^indigo ; and it is quite easy to conceive, inde- pendently of the fact that the analysts were not looking for it, that a large quantity of the carbonaceous matter, which is lighter than arsenic, might have been thrown ofi" the stomach in the violent vomiting ; and, therefore, gentlemaa, I must own that this suspicion of suicide does not appear to me to have any probability. The only thing peculiar about his demeanor was this — he did not say where he had got it ; the landlady did not ask him, because she thought she knew ; she had no doubt he had been visiting Miss Smith. I think you would expect him to say that he had not done it when he had not done it. But while that is quite true, you can very easily see, especially in a man with the tempera- ment which he is described by the withesses to have had, that if he had got anything which disagreed with him there, he would rather die than disclose it. You can easily suppose that. Whether, when he sent for Miss Perry, he intended to disclose it, is a difi'erent question. But during the whole of the illness there seems not to have been the slightest desire for death or the slightest aversion to life, but on the contrary the last thmg that he said was, "If J could only get a little sleep I think I should be well,'' 270 The sleep which he got was the sleep of death. Now, gentlemen, I have gone thronghaU this case; there has been a great deal of medical evidence led, but I think I have touched upon all the important portions of it. Evidence was led as to the character of L'Angelier ; it is not for me to refer farther to that ; I think Jou will under- stand perfectly well what sort of a man he was. That he was in very low circumstances in 1851, and in a position in which he might well have been weary of life, is perfectly certain. That he had good friends in different parts of the country has at all events not been disproved, and that he himself may have been well connected — as many French refugees are — though in a Jow position in point of fortune, is at least possible, though there is no proof of it. And now, gentlemen, having detained you so long — having gone over this case with an amount of trouble and anxiety which I would fain have spared — I leave it entirely in your hands. I am quit^ sure that the verdict which you give will be a verdict consistent with your oath and with your opinion of the case. I have nothing but a public duty to discharge. I have endeavoured in my argument in this case throughout to show you as powerfully as I could how the circumstances which have been proved in evidence bear upon the prisoner. Nor should I have done so if a solemn sense of duty, and my own belief in the justice of the case, had not led me to do so. If I had thought that iJiere were any elements of doubt or of disproof in the case that would have justified me in retiring from the painful task which I have now to discharge, believe me, gentlemen, there is not a man in this, Court who would have rejoiced more at that result than myself; for of all the persons engaged in this trial, apart from the unfortunate object of it, I believe the task laid upon me is at once the most difScult and the most painful. I have now discharged my duty. I am quite certain that in the case which I have submitted -to you I have not overstrained the evidence. I do not believe that in any instance I have strained the facts beyond what they would naturally bear. If I have, you yourselves, njy learned friend on the oth?? side, 271 and the Court, will correct me. And now, gentle' men, as ' I have said, I leave the case in your hands. I see no outlet for this unhappy prisoner, and if you come to the same result as I hare done there is but one course open to you, and that is to return a verdict of guilty of this charge. On the suggestion of the Lord Justice-Clerk, the Dean of Faculty delayed his address till next day, and the Court adjourned at half-past three o'clock. 272 EIGHTH DAY.— Wednesday, Jnly 8. The Court met again to-day at ten o'oloct. The Dean of Faculty then proceeded to address^ the jury as follows : — Gentlemen of the Jury, the charge against the prisoner is murder, and the punish- ment of murder is death ; and that simple state- ment is sufficient to suggest to us the awful solemnity of the oooasioii which brings you and me face to face. But, gentlemen, there are peculiarities in the present case of so singular a kind — there is such an air of romance and mystery investing it from beginning to end — there is something so touching and exciting in the age, and the sex, and the social position of the accused — ay, and I must add, the public attention is so directed to the trial that they watch our proceedings and hang on our very accents with such an anxiety and eagerness of expecta- tion that I feel almost bowed down and overwhelmed by the magnitude of the task that is imposed on me. You are invited and encouraged by the, prosecutor to jsnap the thread of that young life, and to consign 'to an ignominious death on the scaffold one who, within a few short months, was known only as a gentle and confiding and affectionate girl, the ornament and pride of her happy family. Gentlemen, the tone in which my learned friend the Lord Advocate addressed you yesterday could not fail to strike you as most remarkable. It was characterised by great moderation — by such moderation as I think must have convinced you that he could hardly expect a verdict at your hands— and in the course ^bf^ihat address, 273 for whioh I give him the highest credit, he could not resist the expression of his own deep feeling of commiseration for the position in which the prisoner is placed, wliioh was but an involuntary homage paid by the official prose. cutor to the kind and generous nature of the man. But, gentlemen, I am going to ask you for something very different from commiseration ; I am going to ask you for that which I wiU not condescend to beg, but which I will loudly and importunately demand — that to which eveiy prisoner is entitled, whether she be the lowest and vilest of her sex or the liiaiden whose purity is as the unsunned snow. I ask you for justice ; arid if you will kindly lend me your attention for the requisite period, and if Heaven grant ine patience and strength for the task, I shall tear to tatters that web of sophistry in which the prosecutor has striven to involve this poor girl and her sad strange story. Somewhat less than two years ago accident brought lier acquainted with the deceased L'Aiigelier ; and yet I can hardly call it accident, for it was due unfortu- nately in a great measure, to the indiscretion of a young man whom you saw before you the day before yesterday. He introduced her to L'Angolier on the open street in circumsbances which plainly show that he could not procure ah introduction otherwise or elsewhere. And what was he who thus intruded himself upon the society of this young lady, and then clandestinely introduced himself into her father's house ? He was anunknownadventurer ; utterly unknown at that time, so far as we can see. For' how he procured his introduction into the employment of Huggins & Co. does not appear ; and even the persons who knew him there, knew nothing of his history or antecedents. We have been enable^ in some degree to throw light upon his origin and his history. We find that he is a native of Jersey ; and we have discovered that at a very early period of his hfe, in the year 18i3, he was in Scotland ; he' was known for three years at that tin'ie to one of thS witnesses as being in Edinburgh, and the impressio.n which he made as a very yoiing man, which he then was, was certainly, to say the least of it, not of a very , favourable kind. He goes to the Contirient ; he is there during'tte French Eevolution, and he returns to 274 this coi^ntr^, andis found in Edinburgh again in the yent 1851, And in what condition is he then ? In great ppvertyj in deep dejection, living upon the bounty of a tavern- keeper, associating and sleeping in the same bed vrith the waiter of that establishment. He goes from Edinburgh to Dundee, and we trace his history there ; at length we find him in Glasgow in J.853 ; and in 1855, as I said before, his acquaintance with the prisoner commenced, In considering the character and conduct of the individual, whose history it is impossible to dissociate from this inquiry, we are bound to form as just an estimate as we can of what his qualities were, of what his character was, of what were the principles and motives that were likely to influei^oe his conduct. We find him, according to the confession of all those who observed him then narrowly. Tain, conceited, pretentious, with a great opinion of his own personal attractions, and a very silly expectation of admiri^tion from the other sex. 3^hat hu was to a certain extent successful in conciliating such admiration may be the fact ; but, at all events, his own prevailing ideas seem to have been that he was calculated to be very successful in paying attentions to ladies, and that h^ was looking to push his fortune by that means. And accordingly once and again we 'find hin; engaged in attempts to get married to women of some station at least in society; we have heard of one disappointment which he met with in England, and another we heard a great deal of connected with a lady in the county of Fife ; and the manner in which he bore his disappointment on those two occasions is perhaps the best indication and light we have as to the true character of the man. He was not a person of strong health, and it is extremely probable that this, among other things, had a very important effect in depres- sing his spirits, rendering him changeable and uncertain — now uplifted, as one of the witnesses said^and now most deeply depressed — of a mercurial temperament, as another described it, very variable, never to be depended on. Such was the. individual whom the prisoner unfortunately became acquainted with in the manner that I have stated. The progress of their acquaintance is soon told. My learned friend the Lord Advocate said 275 to you, that although the correspondence must have been from the outset an improper correspondence, because it was clandestine, yet the letters of the young lady at that first period of their connection breathed nothing but gentleness and propriety. I thank my learned friend for the admission, but'even with that admission I must ask you to bear with me while I call your attention for a few moments to one or two incidents in,, the course of that early period of their history which I think are very important for your guidance in judging of the conduct of the prisoner. The correspondence in its commencement shows that if L'Angelier had it in his mind originally to corrupt and seduce this poor girl, he entered upon the attempt with considerable ingenuity and skill ; for the very first letter of the series which we have contains a passage in which she says, " I am trying to break myself off all my very bad habits ; it is you I have to thank for this, which I do sincerely from my heart." Ho had been noticing, there- fore, her faults, whatever they were. He had been suggesting to her improvement in her conduct or in something else. He had thus been insinuating himself into her confidence. And she no doubt yielded a great deal too easily to the pleasures of this new acquaintance, but pleasures comparatively of a most innocent kind at the time to which I am now referring. And yet it seems to liave occurred to her own mind at a very earl^ period that it was impossible to maintain this correspondence consistently with propriety or her own welfare. For so early as the month of April 1855 — indeed in the very month in which apparently the acquaintance began — she writes to him in these terms : — " I now perform the promise I made in writing to you soon. "We are to be in Glasgow to-morrow, but as my time will not be at my own disposal, I cannot fix any time to see you ; chance may throw you in my way. I think you will agree with me ini what I intend proposing, that for the present the correspondence had better stop. I know your good feeling will not take this unkind. It was meant quite the reverse. By continuing the correspondence harm qiay arise j in discon-^inuing it nothing can bo ^^i," 276 And accordingly for a time, so far as appears, the correspondence did cease. Again, gentlemen, I beg to call your attention to the fact that in the end of this same year the connection was broken off altogether. That appears from the letter whidh the prisoner wrote to Miss PeiTy in the end of September or beginniiig of October 1855 [in which she expressed her thanks foir Miss Perry's kindness,- and intimates that, as papa would not •give his consent, she was doomed to be disappointed.] Once more, in the spring of 1856, it would appear — the correspondence having in the interval been renewed, how, we do not' know, but is it not fair to suppose, rather on the importunate entreaty of this gentleman than on the suggestion of the lady who wrote such a letter as that ? — the coiTespOndenoe was discovered by the family of Miss Smith. On that occasion she wrote thus to her confidant Miss Perry ; — " Dearest Mary, — M. has discovered the correspondence. I am truly glad that it is known ; but, strange to say, a fortnight has passed and not a word has been said. I cannot understand it. Now that it is known, I do not mean to give way. I intend to state in plain terms that I intend to be dear Emile's wife. Nothing shall deter me. I shall be of age soon, and then I have a right ^o decide for myself. Can you blame me for not giving in to my parents in a matter of so serious importance as the choice of a husband ? I had been intended to marry a man of money j but is not affection before all things, and in marrying Emile I will take the man whom I love. I know my friends wUl forsaike me, but for that I do not care so long as I possess the affection of Emile ; and to possess and retain his affection, I shall try to please him in all things, by acting according to his directions, and he shall cure me of my faults. ... I am sorry not to be able to see you, as we are going to Edinburgh in a week or ten days." Now what follows from this yon have heard from some of the witnesses. The correspondence was put an end to by the interference of Mr Smith, and for- a time that inter- ference had effect. »But, alas ! the next scene is the most painful of all. This which we have been speaking of is in the en4 of 185S. In the spring of 18S9 tife corrupting 277 influence of the seducer was successful, and the prisoner fell. That _iS' recorded in a letter bearing the postmark of the 7th May, which you have heard read. And how corrupting that iajlaence must have been ! — how vile the arts which he resorted to for accomplishing his nefalrious purpose, can never be proved so well as by looking at the altered tone and language of the' unhappy prisoner's letters. She had lost not her virtue merely, but, as the Lord Advocate said, her sense of decency. This wa? his doing. Think you that, without tempta- tion, without . evil- teachings, a poor girl falls into such depths of degradation ? No. Influence from without- most corrupting influence — can alone account for such a faU. And yet, through the midst of this frightful correspondence — and I wish to God that it could have been concealed from you, gentlemen, and from the world, and I am sure the Lord Advocate would have spared us it if he had not felt it necessary for the ends of justice — I say that even through the midst of this frightful correspondence there bre'athes a spirit of devoted affection towards the man that had destroyed her that strikes me as most remarkable. The iiistoiy of the affair is soon told. I do not think it neces- sary to carry you through all the details of their corre- spondence from the spring of 1856 down to the end of that year. It is in the neighbourhood of Helensburgh almost entirely that that correspondence tools' place. In November the family of the Smiths came back to Glasgow. And that becomes an important era in ^le liistor/ of the case ; for that was the first time at which they came to live in the house in Blythswood Square. There were many meetings between them in the other house in 1855 - they met still more frequently at Row ; but what we are chiefly concerned in, is to know what meetings took place between them in that last winter in the house in, Blyths- wood Square — how these took place, and what it was neces- sary for them to do in order to come together ; for these things haveamost important bearing on the question which you are met here to! try. , Now the first letter written , from Blythswood Square bears date liTovember 18, 1856, ^0. 61. There is ^notji^r letter ajso written iij. ^Tovein- 278 ber 1856, and plainly out of its place in this Eeriee. It is letter No. 57, and does not bear the day of the month, but must be subsequent to that bearing date the 18th of November, as it is written also from Blythswood Square, and the other letter is shown to be the first written from that house. In this second letter she gives her lover some information of the means by which they may carry on their correspondence in the course of the winter. She says : — " Sweet love, you should get those brown enve- lopes ; they would not be so much seen as white ones put down into my window. You should just stoop down to tie your shoe and then slip it in. The back-door is closed. M. keeps the key for fear our servant-boy would go out of an evening. We have got blinds fbr our windows." This, therefore, shows she had been arranging with him at that time in what manner their correspon- dence by letter was to be carried on, and I think you will soon see that it was by letter chiefly, if not exelu. sively, that the corresponden\3e was for a considerable 'time earned on while she was in that house. The next reference to the matter is in a letter of the 21st Nov., in which she says : — " Now about writing, I wish you to write me and give me the note on Tuesday evening next. You will about eight o'clock come and put the letter down into the window (just drop it in, I won't be there at ths time), the window next to Minnoch's close door. There are two windows together with white blinds. Don't be seen near the house on Sunday, as M. won't be at church, and she wiil watch. In your letter, .dear- love, tell me what night of the week will be best for you to leave the letter for me. If M. and P. were from home I could take you in very well at the front-door, just the same way as I did in India Street, and I won't let a chance pass." Now you see the conditions on which she understood it possible, and alone possible,' to admit him to the *Blythswood Square house. That condition was the absence of her father and mother from home— an absence which did not take' place throughout the whole of the period with which we have to do. "If M. and P. were from home, I «)uld take you in at th? front-door, and I won't let a chancy 279 pass." But that ohanoe, gentlemen, never came. Hei; father and mother were never absent. Their absence was necessary in order that he might be let in in this way. It never was so. Again, it is very important for yon to understand — for the Lord Advocate spoke in such a way as may have left a false impression on your minds — it is very important, I say, that you should understand the means by which communication was made between these two at the window. The Lord Advocate seemed to say that there were some concerted signals by rapping at the window or on the railings with a stick in order to attract attention. This, you wiE find, was an entire mistake. L'Angelier did on one or two occasions take that course, but the prisoner immediately .forbade it, and ordered him not to do it again. In a letter which bears the postmark of December 5, 1856, she says: — ""Will you, darling, write me for Thursday first. If six o'clock, do it ; I shall look. If not at six o'clock, why, I shalllook at eight. I hope no one sees you ; and, darling, make no noise at the window. You mistake me. The snobs I spoke of do not know anything of me ; they see a light, and they fancy it may be the servants' room, and they may have some fun ; only you know I sleep down stairs. I never told any one . so don't knock again, my beloved." Again, in the same letter, a little further down, she says in a post- script — " Pray do not knock at the window," earnestly repeating the same warning. About this time it is quite obvious that they had it in view to accom- plish an elopement. It was quite plain that the consent of Miss Smith's parents to her union with this young Frenclmian was not to be thought of any longer. That hope was altogether gone, and accordingly there are constant references in the letters about this time to the arrangements that were to be made for carrying her from her father's house and accomplishing a marriage either in Glasgow or Edinburgh. I won't detain or fatigue you by reading the repeated mention of preparations for this ; I merely notice it in passing as applicable to the period of which I am now speaking. But I beg you to observe, gentlemen, that in going through 280 ttiia series of letters passing in the course of last wintet, I endeavour to notice as I pass everything that relates to their mode of correspondence and to proposals for meeting^, or reference made to meetings that had been had. I shall not willingly pass by one of them, for I wish thoroughly and honestly to lay before you every bit of written evidence that can affect the prisoner' in that respect. In a letber' which bears postmark " 17th December," she says : — " I would give anything to have an hour's chat with you. Beloved Jilmile, I don't see how we can. M. is not going from home, and when P. is away Janet does not sleep lyith M. She won't leaVe me, as I have a fire in my room and M. has none. Do you think, beloved, you could not See me some nights for a few moments at the door under the front-door ; but perhaps it would iiot be safe. Some one might pass as you were coming in. We had better not." Now. you will recollect that Christina Haggart told us that upon one occasion, and one only, there was a meeting in that place, arranged in the way spoken of in this letter — a meeting, that is to say, at the front- door, under the front-door, to which, of. course, he required to be admitted through the area ; and that was accomplished through the assistance of Christina Haggart. Then again, there is reference in the next letter, of the 19th, to a desire for a meeting: — "My beloved, my darling, — Do you for a second think I could feel happy this evening, knowing you were in low spirits, and that I am the cause? . . . Oh, would to God we could meet, I would not mind mamma ; if papa and mamma are from home — the first time they are, you shall be here. Yes, my love, I must see you, I must be pressed to your heart O yes, my beloved, we must make a bold effort." 'Here again is the same condition, and -the impossibility of carrying the meeting through unless in absence of the parents ; but the first opportunity which occurs ^he will 'certainly avail herself ' of. Then in another letter, dated 29th, she writes : — " If you love me you will come to me, for papa and mamma are to be in Edinburgh, which I think will be about the 7th or 10th .of January." In the same letter, also she says; — "If 281 papa and mamma go, will you not soon come to yoiii Mimi ? Do you tkink I woiSd ask you if I was not alone in the house ?" On the 9th of January she writes again a letter, in which you will find a repetition of the same warning how to conduct himself at the window ; — " It is just eleven o'clock, and no letter from yon, my own ever dear beloved husband. Why this, my sweet one. I think I heard your stick this evening (pray do not make any sounds whatever at my window.)" Further, she says in the same letter : — " I think you are again at my window, but I shall not go down stairs, as papa is here, and we are up waiting for Jack. I wish to see you ; but no, you must not look up to the window in case any one should see you. If I never by any chance look out, you must just leave me and go away." In the next letter, dated the 11th, she says ; — " I would so like to spend three or four hours with you just to talk over some things ; but I don't know when you can come, perhaps in the course of ten days. ... If you would risk it, my sweet beloved pet, we would have time to kiss each other and a dear fond embrace ; and though, sweet love, it is only for a minute, do you ■ not think it is better than riot meeting at all? . . . Same as last." Plainly that was the short meeting which Christina Haggart told of as occurring in the area under the front-door, and so far as I can see, there is not a vestige or tittle of written evidence of any meeting whatever, except that short meeting in the area, down to the time of which I am now speaking — that is to say, from the iSth of November till the date of this letter, which is the 11th January. . Then, on the 13th January, she writes a letter, which is also very important, with reference to the events at this period, because at that time he had been very unwell. The 13th of January- is the date of the letter — " Monday night." It is posted on the 14th, but as she almost always wrote her letters at night, you will easily understand that it was written on the night of the 13th. She says : — " I am glad you are sound'. That is a great matter, I had a fear yqji were not, and I feared that you would die ; but now I am easy on that point. I am very well," Iji the same lettef 2M she says:— "I doijit hear of ,M. and P. itom home, so, my dear pet, I see no chance what- ever. I fear wo will have to ' wait." That may have reference to either of their meetings, or to the possibility of their carrying out their design of an elopement. It matters not very much. Then on the 18th January we have this — " I did love you so much last night when you were at the window." Now, whether there was a conver- sation at that meeting or not does not very clearly appear ; but,, at all events, it can have been nothing more than a meeting at the window. She says :— " I think I shall see you on Thursday night"— I suppose the same kind of meeting that she refers to immediately after. Whether that meeting on Tliursday night ever took place or not does not a,ppea,r ; but it 'is not very importanii, because, pray observe, gentlemen, that that Thursday night is a night, of January ; this being written on, Monday the 19th, Thursday would have been the 22d. la the next letter, bearing the postmark 21st January, she says :-^"If you oan I would like to have a note on Friday at eight or ten." In the next, dated 23d January, she says : — " I was so sorry I could not see you to-night ; I expected an hour's chat with you ; we must just hope for better the next time. I don't see the least chance for us, my dear love. M. is not well enough to go from liome, and my dear little sweet pet I don't see we could manage in Edinburgh, because I could not leave a friend's house without their knowing it ; so sweet pet it must at present be put off till a better time. X see no chance before March." In the same cover there Is another letter, dated Sunday night, where there is reference to a meeting; but my learned friend the .Lord Advocate very properly admitted that that was a meeting at the window — nothing more ; and therefore I need say no more of it. He was convinced of that by referring back po letter No. 93, and comparing them together. He adiuitted the meeting there was merely at the window. Now, gentlemen, that concludes the month of January. There are no more letters of that month. There is not another, so far as I can see, referring to any meeting what- ever^ Christjna Haggart t^old you wheii she Was examined 283 thsit in the course of that Arinteir, and when the fainily were living in Blythawood Square, they met but twice ; and it is clear that they could not meet without the inter- vention of Christina Haggart. I don't mean that it was physically impossible, but when the young lady saw so much danger, so much obstruction in the way of her accomplishing her object, unless she could secure the aid of Christina Haggart, there is not the slightest tittle of evidence that without that assistance she ever made the attempt. I mean of course, you must understand, meetings within the house. I don't dispute the ejcistence of the correspondence which was carried on by the window, and I don't doubt that even on occasions they may have exchanged words at the window, and had short conversations there. But I am speaking of meetings within the house. The only evidence at all as to meetings within the house is, in the first place, in the area under the front door, and the other meeting that took place on the occasion when Christina Haggart introduced L'Angelier at the back-door. Now, I am sure you wUl agree with me that this is an important part of the case ; and I bring you down thus to the commencement of the, month of February with this I think distinctly proven, or at least I am entitled to say, without a shadow of evidence to the contrary, that they were no|i in the habit of coming into personal contact. On the contrary, they had only met in this way on two occasions in the course of the winter. But now we have come to a very important stage of the case. On. the 28th of February Mr Minnoch proposes, and, if I understand the theory of my learned friend's case aright, from that day the whole character of this girl's mind and feelings was cbanged, and she set herself to prepare for the' perpetration of what my learned friend has called one of the most foul, cool, deliberate murders that ever was committed. Gentlemen, I will not say, that such a thing is absolutely impos- sible—he will be d, bold man who will seek to set limits to the depths of human depravity ; but tliis at least experience teaches us, that perfection, even ih depravity, is not rapidly att^i^ed, and that it is not by such short 284 and easy stages as the prosecutor has been able to trace in the career of Madeline Smith that a gentle loving girl passes into , the savage grandeur of a Medea, or ■ the appalling wickedness of a Borgia. No, gentlemen ; such a thing is not possible. There is and must be a certain progress in guilt, and it is quite out of all human experience that from' the tone'*6f the letters which I have last read to you there should be such » sadden transition from affection to the savage desire for removing by any means the obstruction to her wishes and purposes that the prosecutor imputes to the prisoner. Think, gentlemen, how foul and unnatural a murder it is — ■ the murder of one who within a very short space was the object of hf r love — an unworthy object — an unholy love — but yet while it lasted — and its endurance was not very brief — it was a deep, absorbing, tmsel&sh, devoted passion. And the object of that passion she now conceives the purpose of murdering. Such is the theory that yon are desired to believe. Before you will believe it, will you not ask for demonstration ? Will you be tontent with conjecture — will you be content with , suspicion, however pregnant — or will you be so unreasonable as to put it to me in this form, that the man having died of poison, the theory of the prosecutor is the most probable that is oifered ? Oh, gentlemen, is that the manner in which a jury should treat such a case ? — is that the kind of proof of which they could convict of a capital offence? On ,the 19th of February, on the 22d of February, and on the 22d of March — for the prosecutor has now ■ absolutely fixed on these dates— he charges the prisoner with administering poison. Observe, , he does not ask you to suppose merely that by some means or other the prisoner conveyed poison to L'Angelier, but he asks yon to affirm that, on those three occasions, she , with her own hands administered the poison. Look at the indictment and see if I have not correctly repre- sented to you what the prosecutor demands at your hands. He says in the first charge that she " wickedly and feloniously administered to Emile L'Angelier, now deceased." Again, in the second charge, he alleges that she did " wickedly and feloniously administer to him a 285 quantity or quantities of arsenic ;" and in the' third charge, that she did ">irickedlyand feloniously administer to, or cause to be taken by, the said deceased Emile L'Angelier, a quantity of arsenic, of which he died, and was thus murdered by her." These are three separate acta of administration, not, I pray you to observe, general physiological facts, which you may deduce from various considerations, but plain physical facts — facts which, if anybody had seen, would have been proved to demonstration, but which, in the absence of eye-witnesses, I do not dispute may be proved by circumstantial evidence. But then you must always bear in mind that circumstantial evidence must come up to this — that it must convince you of the perpetration of these acts. !N"ow, then, in dealing with such circumstantial proof of such facts as I have been speaking of, what should you expect to find? Of course the means musff be in the prisoner's hands of committing the crime, The possession of poison will be the first thing that is absolutely necessary ; and on the other hand the fact that the deceased was ill and died frorn. the consequences of poison. But it would be the most defective of all proofs of poisoning to stop at such facts as these, for one person may be in the possession of poison, and another person die from the effects of poison, and yet that proves nothing. You must have a third element. You must not merely have a motive — and I shall speak of motive by-and-by you must not merely have a motive but oppor- tunity — the most important of all elements. You must have the opportunity of the parties coming into personal contact, or of fiie poison being conveyed to the murdered person througt the medium of another. Now, we shall see how far there is tl e slightest room for such a suspicion here. As regards the first charge, it is alleged to have taken place on the evening of the 19th February, and the illness, on the same theory, followed either in the course of that night, or rather the next morning. Now, in the first place, as to date, is it by any means clear ? Mrs Jenkins — than whom I never saw a more aoeurate or more trustworthy 286 witness — Mrs Jenkins swears that to tlie beet of lier recollection and belief, the first illness preceded the second by eight or ten days. Eight or ten days from the 22d, which was the date of the second illness, will bring iis hack to the 13th February, and he was very ill about the 13th February, as was proved by the letter I read to you, and proved also by the testimony of Mr Miller. Wow, if the first illness was on the 13th February, do you think that another illness could have intervened between that and the 22d without Mrs Jenkins being aware of it ? Certainly that won't <3o. Therefore, if Mrs Jenkins is correct, that the first Alness was eight or ten days before. That is one and a most important blow against the prosecutor's case in this first charge. Let us look now, if you please, at what is said on the other side as to the date. It is said by Miss Perry that not ^ly was that the date of his illness, but that he had a meeting with the prisoner on the 19th. Miss Perry's evidence upon that point I take leave to say is not worth much. She had no recol- lection of that day when she was examined first by the Proourator-Fisoai ; no, nor the second time, nor the third time ; and it was only when, by a most improper inter- ference on the part of one of the clerks of the Fiscal, a statement was read to her out of a book, which has been rejecte&^as worthless in fixing dates, that she then for the first time took up the notion that it was the 19tli which L'Angelier had reference to in the conversations which he had with her. And, after all, what do these conversa- tions amount to'? To this, that on the 17th, when he dined with her, he said he expected to meet the prisoner on the 19th. But did he say afterwards that he had met her on the 19th? The Lord Advocate supposed that ho had, but he was mistaken. Miss Perry said nothing of the sort. She said that when she saw him again on the ' 2d March, he did not tell her of any meeting oh the 19th. Well, gentlemen, let us look now, in that state of the evidence, as to the probabilities of the case. This first illness, you will keep in view, whensoever it took place, was a very serious one — a very serious one indeed. Mrs Jenkins was very much alarnfed by it, and the 287 deceased himself suffeKd intensely. There can be no doubt about that. Now, if the theory of the prose- cutor be right, it was on the morning of the 19th that he was in this state of intense suffering, and upon the 20th, the next day, he bought the largest piece of beef that is to be found in his pass-hook from his butcher ; and he had fresh herrings for dinner in such a quantity as to alarm his landlady, and a still more alarming quantity and variety of vegetables. Here is a dinner for a sick person ! All that took place upon the 21st, and yet the man was near death's door on the morning of the 20th, by that irritation of stomach, no matter how produced, which necessarily leaves behind it the most debilitating and sickening effects. I say, gentlemen, there is real evidence that the date is not the date which the prosecutor says it is. But, gentle- men, supposing that the date were otherwise, was the illness caused by arsenic ? Such I understand to be the position of my learned friend. Kow, that is the question which I am going to put to you very seriously, and I ask you to consider the consequences of answering that question in either way. You have it proved very distinctly, I think — to an absolute certainty almost — that on the 19th February the prisoner was not in possession of arsenic. I say proved to a certainty for this reason — because when she went to buy arsenio afterwards, on the 21st February and the 6th and the 18th March, she went about it in so open a way that it was quite impossible that it should escape observation if it came afterwards to be inquired into. I am not mentioning that, at present as an element of evidence in regard to her guilt or innocence of the second or third charges. But I want yoii to keep the fact in view at present for this reason, that if she was so loose and open in her purchases of arsenic on these subsequent occasiotis, there was surely nothing to lead you to expect that she should be more secret or more cautious on the first occasion. How could that be ? Why, one could imagine that a person entertaining a murderous purpose of this kind, and contriving and compassing the death of a fellow- preature, might go on increasing in caution ^m s^e pro- 288 ceeded, but how she should throw away all idea of caution or secrecy upon the second, and thifd, and fourth occasions if she went to purchase so secretly upon the first, that the whole force of the prosecutor has not been able to detect that earlier purchase, I leave it to you to explain to your own minds. It is incredible. Nay, but, gentlemen, it is more than incredible ; I think it is disproved by the evidence of the prosecutor himself- He sent hiSj emissaries throughout the whole druggists' shops in Glasgow, and examined their registers to find whether any arsenic had been sold to a person of the name of L'Angelier. I need not tell you that the name of Smith was also included in the list of persons to be searched for ; and therefore, if there had been such a purchase at any period prior to the 19th February, that fact would have been, proved to you just as easihr, and with as full demonstration, as the purchases at a subse- quent period. But, gentlemen, am I not struggling a great deal too hai^d to show you that the possibility of purchasing it before the 19th is absolutely disproved; that is no part of my business. It is enough for me to say that there is not a tittle or vestige of evidence on the part of the prosecutor that such a purchase was made prior to the 21st ; and, therefore, on that ground, I submit to you with the most perfect confidence as regards that first charge that it is absolutely impossible that arsenic could have been administered by the.prisoner to the deceased upon the evening of the 19th of February. Nay, gentlemen, Ihere is one circumstance more before I have done with that which' is worth attending to. Suppose it was the 19th, then it was the occasion in reference to which M. Thuau told you that when the deceased gave him an account of his, illness and the way in which it came on, he told him that he had been taken ill in the presence of the lady — a thing totally inconsistent with the notion, in the first place, that the arsenic was administered by her, and its effects after- wards produced and^ seen in the lodgings, but still more inconsistent with Mrs Jenkins' account of the manner and time at which iUness came oh, which, if I recollect right, w»? at 'foijr o'clock in the morning, after he had 289 gone to bed perfectly well. Wow, gentlemen, I say, therefore, yoii are bound toholdnotmerelytliatthereisliere a failure to make out the administration on the 19th, but you are bound to give me the benefit of an absolute nega- tive, upon that point, and to allow me to assume that arsenic was not administered on the 19th by the prisonar. I think I am making no improper demand in carrying it that length. Now, see the consequences of the position which, I, have thus established. "Was he ill from the effects of .arsenic on the morning of the 20bh ? I ask you to consider that question as much as the prosecutor has askeji yon ; and if you can come to the conclusion, from the symptoms exhibited, that he was iU from the effects of arsenic on the morning of the 20th, what is the infer- ence ? — ^^that'he had arsenic administered to him by other hands than the prisoner's. The conclusion is inevitablfe, irresistible, if these symptoms were the effect of arsenical poisoning. Again, you are to hold that the symptomsof that morning's illness were not such as to indicate the presence of arsepio in the stomach, or to lead to the conclusion of arsenical poisoning. . What is the result of that again ? The result of it is to destroy the whole theory of the prosecutor's case — a theory of successive administrations, and to show how utterly impossible it is for him to bring evidence up to the point of an actual administratibn. Then, as soon as you weigh that evidence, test its appli- cation to the occasion to which it is intended to apply, you find it not merely inconclusive, but find it proof of the contrary. I give my learned friend the optibn of being impaled on one or other of the horns of that dilemma, I care not which. Either he was ill from arsenical poison- ing on the morning of the 20th, or he was not. If he was, hehadjreceivedarsenicfromothei' hands than the prisoner's. If he was not,, the fpundatioji of the whole case is shaken. So much for the first charge. Gentlemen, before I proceed further, I am anxious to, explain one point whi(ili I think I left .imperfectly explained in passing — I mean regard- ing the, m^etiRg jeferred la in. 'the letter of Sunday-night in the envelope of the 23d January. My statement was that the Lord Advocate had admitted that that jneeting which was,there referred to was a meeting at the K 290 window. I think he did not admit it in this form, but he made an admission, or rather he asserted, and insisted on a fact which is conclusive to the same effect. He said that that Sunday night was a Sunday immediately preceding the Monday of letter 93. Now, then, if it be the Sunday jiight immediately preceding the Monday of letter No. 93, ojiserve the inevitable inference, because on the Sunday night she says — "You have just left me." In the postscript to the letter of Monday She Says-— ■ "I da. love yon 60 much last mght when you were at the window." So that tis Lordship's admission, though it was not made in the form that I am supposing, was exactly to the same effect. It proves that this was a meeting at the window, like the others. I have disposed of the. first charge, and in a way wiioh I trust you won't forget in dealing with the remainder of the case, because I think it enables me to take a position from wliich I shaU demoKsh every remaining atom of this case. ' But before I proceed to the consideration of the second charge more particularly, I want you to follow me, if you please, very precisely as to certain dates, and you will oblige me very much if you take a note of them. The first parcel of arsenic whioh is purchased by Wm prisoner was upon the 21st of February. It was bought in the shop of Murdoch the apothecary, and the arsenic there purchased was mixed with soot. Murdoch ijjas the person who ordinarily supplied medicines to Mr Smith'&. family, and she left the arsenic unpaid for, and it went into her father's , account ; and I shall have something to say about these circumstances hereafter. I merely mention them at present. Now, on Sunday the 22d it is said, and we shall see by-and-by with how much reason, that L'Angelier again had' arsenic adtninistered to him, and so far it may be that we have, in regard to the second charge, a purchase of arsenic previous to the alleged administration. I shall not lose sight of that weighty- faet, but, from the 22d February onwards, there appears to me to be no successful attempt on the part of the prosecutor to prove any meeting between these persons. He was oon- £ned to iibe bouse after that illness, as you have heard, 291 for eight or ten days. , There are letters ■written at that time which completely correspond with that state of matters, speak of his being confined, and of the possibility of seeing him at his window. But it ia not pretended that there is any meeting during all that time, which lasted for eight or ten days after the 22d. Now, suppose it lasted for eight days, that brings you downto (the 2d March. On the 5th March there is said to be a. letter written by L'Angelier to the prisoner, and there is a letter from the prisoner to L'Angelier which is said to have been written on the same day. But neither of these letters indicate the, occurrence of a meeting upon that occasion, nor bear any reference to any recent meeting, nor any anticipated or expected meeting. In short, there is not, from the 22d of February to the 6th of March, any attempt to prove a meeting between the parties. I think I am justifled in stating the import of the evidence to be so. I; shall be corrected if I am wrong, but I think I am quite certain that from the One day to the other there is not an insinuation that there was a meeting between the parties from the 22d February to the 6th March. On the 6th March the prisoner goes with her family to the Bridge of Allan, and there she remains till the 17th; and on the 6th March, immediately preceding her departure to the Bridge of Allan, she buys her second parcel of arsenic, and that she buys in the company of Miss Buchanan, talks about it to two young men who were in the shop, signs her name on the register as she had done on theprevious occasion ; every circumstance shows the most perfect openness in making the purchases. "Well, she goes to the Bridge of ABan on the 6th, and confessedly does not return till the 17th. Let us now trace, on the other hand, the adventm-es of ^ L'Angelier. He remains in Glasgow tiU the 10th. He then goes to Edinburgh, and returns on the 17th at night. He conies home by the late train to Glasgow. On the 18th he remained in tlie house all day. I am glad to find that my learned friend the Lord Advocate in his speech . corroborates my recollection of this fact— that L'Angelier was in the house all the 18th. On the 19th, in the morn- ' e3 292 ( Sng, he goes first to Edinburgh and then to the Bridge of Allan, from whlohhedid notreturntillthenlrht preceding his death, on the 22d. I 'have missed dirjoting your attention at the proper place to the fact that on the 18th, on her return from 'the Bridge of Man, the prisoner ' purchases her third -portion of arsenic in the same open' ' way as before. Observe, gentlemen, that unless you' shall hold it to be true, and proved by the evidence before jou, that these two persons met oh the 22d of February, which was a Sunday; or unless, in like manner, you hold it to be proved that they met again on the fatal night of the 22d March, there never was a' meetifag at all after the prisoner had made any of her purchases of arsenic. I maintain that there not only was no meeting,' that we have no evidence of any meeting, but that practically there was no possibility of their meeting. I say that unless you can believe on the evidence that there was a meeting on the 22d of February, or again on the 22d of March, that there is no possible occasion on which she either could ha-ve administered poison or could have purposed or intended to administer it. You will now, gentlemen, see the reason why I wanted these dates well fixed in your minds, for from the first alleged purchase of poison to the' end of the tragedy there is no possibility of contact or of administration, unless you think you have evidence that they met on one or other of these Sundays, the 22d February or the 22d March.' Let us see if they did meet on the 22d February. 'What is the evidence on that point of Mrs Jenkins,' L'Angelier's landlady? She Says' he wa;s in' his usual condition on the 21st, ' when he made that celebrated dinner to which I have already adverted, and when she thought he was making himself ill, and on that 21st he announced to her that he would not leave the house all ' the Sunday — ^the following day. He had therefore no appointment with the prisoner for the Sunday, else he would never have made that statement. On the 22d, Mrs Jenkins says she has no recollection of his going out, in violation of his declared intention made the day before. Gentlemen, do you really believe that this remarkably accurate woman wovild not have remem- m bered A oiroumsianoe in connection with, this Mse of suoh great importftnce as th»t ha had firat of all said that ha would not go ou6 upon that Sunday, and that' he had then changed his mind and gone out ? It is too daring a draft on yotiv imagination. She has HO recolleotion of his going out, and I am entitled to con- clude that he did not. And when he did go out of a night and came in late, what was his hahit? Mrs Jenkins, sayshenever got into the houso on those occasions- -that is, after she went to bed — except in one or other of these two ways : either he asked for and got a check-key, or the door was opened to him by Mr Thuau. Mrs Jenkins says there was no other mode. She says ho did not ask the check- key that night. If he had done so she must have recollected.- Thuau says he certainly did not let him in. Wow, gentlemen, I must say that to fton- jeoture in the face of this evidence that L'Angelier was out of the house that night is one of the most violent suppositions ever made in the presence of a jury, espe- cially when that conjecture is for the purpose of — by that means, and that means only — rendering the second charge in this indictment possible, for without it it is impossible. Well, -UAngelier was not taken ill till late in the morning, and he did not come home ill. There is no evidence that he ever came home at all, or that he ever was out ; aU we know is, that he was taken ill late in the morning, about four or five o'clock. Only one attempt was made by my learned friend to escape from the inevitable results of this evidence. And it is by a strange and forced use of a particular letter, No. Ill, written on a "Wednesday, in which letter the prisoner says she is sorry to hear he is ill ; but the portion on which he particularly founded was that in which she said — "You did look bad on Sunday night and Monday morning." My learned friend says that that letter was written on the 25th of February, and points out to you that the Sunday before that was the 22d. And, no doubt, if that were conclusively proved, it would be a piece of evidence in conflict with the other, and a very strong conflict and contradiction it would indeed be, and one which you, gentlemen, would have great difficulty to reconcile. This, however, k3 294 would not be a reason for believing the evidence df the Crown, or for convicting the. prisoner. But, gentlemen, the contradiction is imaginary ; for the only date the letter bears is "Wednesday, and it may be, so far as the letter is traced, any Wednesday in the whole course of their correspondence. There is not a bit of internal evidence in this letter, nor in the place where it was found, nor anywhere else, to fix its date, unless you take that reference to Sunday night, which is, of course, begging the whole question. Therefore, I say', again, gentlemen, that it might have been written on any "Wednesday during the whqle course of their correspondence and connection. . But it is found in an envelope, from which its date is surmised. . And, gentlemen, because a certain letter, without date, is found in a certain envelope, you are to be asked to convict, and to convict of murder, on that evidence alone ! I say that if this letter had been found in an envelope bearing the most legible possible postmark, it would have been absurd and monstrous to convict on suoii evidence. But, when the postmark is absolutely illegible, how much is that difficulty and absurdity increased ! Except that the Crown witness from tJie Post Office says that the inark of the month has an B, and that the Post Office mark for February happens to have no E, we have no evidence even as to the month. My learned friend must, condemn the evidence of his own witr^ess before he can fix the postmark. The witness said the lette^ must have been posted' in the yeaj- 1857 ; but perhaps even on that point the Crown will not take the evidence of a ^idtness whom they themselves have' discredited. Besides, the whole evidence on this point is subject to this answer — that the envelope proves abso- lutely nothing. Again, to take tjie fact that a particular letter is found in a particular envelope as evidence to fix the date of an'administration of poison, is, gentlemen, a demand on your patience and on your credulity which to me is absolutely unintelligible. The Lord Advocate said in the course, of his argument that, without any improper proceedings on the part of the Crown officials, nothing could be so easily inragined as that a letter should 29S get iuto a wrong envelope in the poaseaeion of the deceased himself. I adopt that suggestion. And if that be a likely accident, what is the value of this letter as a piece of evidence ?-r-espeoiillly in opposition to the plain evidence of two witnesses for the Crown, that the Sunday referred to in the letter could not be the 22d of February, because on that Sunday L'Angelier was never over the door. "Well, I do not think the Crown has succeeded much better in supporting the second charge. I should like to know whether my learned friend still persists in saying that, on the morning of the 23d February, the deceased was suffering from the effects of arsenical poisoning ; for, if he does, the answer is the same — that he was in the way of^ receiving arsenic from another hand than the prisoner's. And now, gentlemen, am I not entitled to say that, as regards the first two charges, step by , step — tediously, I am afraid, but with no more minuteness than necessary for the ends of justice and the ihterests of the prisoner — I have pulled to pieces the web of sophistry which had been woven around this case. Well, gentlemen, time goes on, and certainly in the interval between the 22d February and the 22d March we have no event in the nature of a meeting between these parties. Nothing of that kind is alleged ; and on the 22d of March it is perfectly true that L'Angelier goes to Glasgow, and goes under peculiar circumstances. The events connected with his joui'ney from Bridge of Allan, with the causes and consequences of it, I must beg you to bear with me while I detail at considerable length. He went to the Bridge of Allan on the morning of the 19th, or, in other words, he went first to Edinburgh and then from that to the Bridge of Allan. You recollect that upon the ISth^rom the night of the 17th, after his arrival from Edinburgh, and in the course of the IStli — he had expressed himself very anxious about a letter wkioh he expected. He spoke to Mrs Jenkins about it several times ; but he started for Edinburgh without receiving that letter ; and I think it is pretty plain that the sole cause of his journey to Edinburgh that day was to see whether the letter had not gone there. Kow in. Edinburgh again he 296 receives no letter, but goes on to the Bridge of Allan, and at the Bridge of Allan he does receive a letter from the prisoner. That letter was written on the evening of "Wednesday the 18th— remember that — and it was posted on the morning of Thursday. It was addressed by the prisoner to the deceased at his lodgings at Mrs Jenkins ; she being ignorant of the fact that he had left town. It reached Mrs Jenkins in the course of the forenoon, and it wasposted in another .envelope by M. Thuau addressed to L'Angelier at Stirling, where he received it upon Friday. I hope you follow this exactly, as you will find it immediately of consec^uenoe. It reached the Post Office at Stirling I think about ten on the morning of Friday. Now, gentlemen, there are two or three circum- stances connected with this letter of the greatest conse- quence. In the first place it is written a day before it is posted. In that respect it stands very much in the same position as by far the greater part of the letters written, which were almost all written at night and posted next morning. In the second place it undoubtedly contained an appoint- ment to meet the deceased on the Thursday evening. That was the evening after it was written — the evening of the day on wliioh it was posted. But he being out of town, and not receiving it until the Friday, it was of course too late for the object, and he did not come to town in answer to that letter — a very important fact too, for this reason that it shows that . if the ' tryst was made by appointment for one evening, he did not think it worth while to attempt to come the next evening, because he could not see the prisonei' but by appointment. Eemember how anxious he was before he left Glasgow ; remember that hemade a journey to Edinburgh for the very purpose of getting the letter that he expected. He was burning to receive, the lAter — in a state of the greatest anxiety — and yet when he gets it ■ on the Friday morhing in Stirling, seeing that the hour of appointment is already past, he knows that it is in vain to go. She cannot see him except when the tryst was made. Now, most unfortunately — X shall say no more than that of it at present— that letter was 1 ost ; and, most strangely, riot merely the original enve- 297 lope in which it was enclosed by the prisoner herself, but the additional envelope into which it was pat' by Thuan are both found, or said to be found, in the deceased's travelling-bag, which he had with him at Stirling and Bridge of Allan. But the letter is gone — where, no man can tell. Certainly it cannot be imputed as a fault to the prisoner that that letter is not here. You will see it is beyond all question that on the Friday he writes a letter to Miss Perry, in which he makes use of this e.^cpression — •" I should have come to see some one last night, but the letter came too late, so we were both disappointed." He got the letter ; he knew that it contained an appoint- ment for that night, and the preservation of this letter to Miss Perry proves its contents so for. But the letter itself is gone, and I cannot help thinking, although I am not going to detain you by any details on the subject, that the Crown is responsible for the loss of^ that letter. If they" 'had been in a position to prove, as they ought to have done, that these two envelopes were certainly found in the travelling-bag without the letters, they might have discharged themselves of the obligation that ' lay upon them ; ' but, having taken possession of the contents of that travelling-bag, which are now brought to bear on the guilt or innocence of the prisoner, I say again, as the fact stands, that that letter is lost, and they are answerable for the loss. Now, there is another letter which is sent to the Bridge of Allan through the same channel. It is addressed to Mrs Jenkins, and bears the postmark of 21st March — that is to say, Saturday morning. It reached Mrs Jenkins in the course of the forenoon ; it was posted to Stirling by M. Thuau in the afternoon of the same day, and was received by the deceased at the Bridge of Allan on Sunday morning. Here is the letter: — ""Why, my beloved, did you not come to m6 ? Oh, my beloved, afe you ill ? Come to me. Sweet one, I waited and waited for yl ; ah« maintained the same den^eano!* and aelf^poasession throlighbut & lobg trial ; iild she rSdeived seriiende df dgath without moving a muscle. According- to the statement of a bystander, when brought upon the scaffold, she looked serene as an angel, and she died as she had borne herself throughout the previous stages of her sad tragedy. It was an execution which attracted much attention at the time. Opinion was divided as to the propriety of the verdict, and the angry disputants wrangled even over her grave. But time brought the truth to light ; the perpe- trator of the murder confessed' it on his death-bed^-too late to avoid the enacting of a most bloody tragedy. That case, gentlemen, is now matter of history. It happened at a time beyond the recollection of most of those whom I now address; butitremainson record — a flaming beacon to warn us against the sunken rocks of presumptuous arroganoe and opinionative seU'relianoe, imbedded and hid in the cold and proud heart ; it teaches us, by terrible example, to avoid qonfounding suspiqion witji proof, and to reject conjectures and hypotheses when tendered as demonstration. I fear that this is no solitary qase^the recollection or the reading of any of ns may recall occasions " When, after execution, Judgment hath Repented o'er his doom." I pray God that neither you nor I may be implicated in the guilt of , adding another name to that black and bloody catalogue. I have put before you, gentlemen, as clearly as I could, what I conceive to be the most important branches of this case ; and I now ask you to bring your judgment — to bring the whole powers with which God has endowed you — to the performance of your most solemn duty. I have heard it said that juries have nothing to do with the consequences of their verdicts, and that all questions of evidence must be weighed in the same scale, wheHier the crime be capital or merely penal in a lower degree. I cannot agrepltol that proposition, I indignantly zbpndiate i ik' iltt'may suit the cramped mind of legal' {)^^aj]tts/..'Ovtthe Heajglen' :« .■:W' <.,. ",:.:\ 320 rules of a heartless philosophy, but those who maintain such a doctrine are ignorant of what qiaterials a jury is, and ought to be, composed, dtentlemen, -you are brought here for the performance of this gi'eat duty, net because ,you have any particular skill in the sifting or weighing of evidence — not because your intellects- have ■ been- . highly cultivated for that or simpar purposes— not. because you are of a class or caste set apart for the work ; but you axA here because, as the law expresses it, you are indifferent men — because you are like, not because you are unlike, other men ; not merely because you have clear heads, but because you have warm and tender hearts — because; you have bosoms filled with the same feelings and emotions, and because you entertain the same sympathies and sentiments as those whose lives, char- acters, and fortunes are placed in your hands. To rely, therefore, upon your reason only; is nothing less than impiously to refuse -to call to your- aid, in the performance of a momentous duty, the noblest gifts that God has implanted in your breasts. Bring -with you to this service not only your clear heads, but your warm and tender hearts — your fine moral instincts, and your guiding and regulating consciences— for thus and thus only will you satisfy the oath which you have taken. To determine guilt or innocence by the light of intellect alone is the exclusive prerogative of infallibility, and when man's presumptuous arrogance tempts him to usurp the attribute of OmnisoiSnoe, he only exposes the weakness and frailty of his own nature. Then, irideedj " Man, proud man, Dressed in a little brief authority, Most iguornant of what he's most assured. Plays such fantastic trio]k3.!je^or,e high Heaven, As make the augels weep." > Kaise not, then, your rash and impotent hands to rend- aside the vaiilin which Providence has been. pleased to shroud the qircumstanoes of this mysteriouB storyi. - Such an attempt is not in youj- province, nor the province .of - any human being. The time may cotoe— it certainly will come— perhaps not before 'the Great J?ay ip which tjj^ 381 secrets of all hearts shal be revealed; and yet it may be that in this world and during our own lifetime the circum- stances of this ■ extraordinary story may be brought' to light. It may even be that the true je found in her letters, or whether they do or do not exhibit such 338 a degree of . ill-regnlated, disorderly, distempered, licennous feelings as to shoW that tliis is a person quite capable of che!rishing any object to avoid disgrace and exposure, and of taliitig any revenge which such treatoient might es^cite in the mind of a woman driven nearly to madness, as she says she was. I shall not read many of these letters, but there are some characteristics of the character of the panel — displaying her mind and feelings— which I think it is of importance to place ' before you, as showing the progress of this attachment and the manner in which it was carried on. It is very curious that the first letter is written by her ; and L'Angelier replied as you might 6xpect a young man of his temperament to do. His Lordship then read one of the letters, remarking that it seemed that the girl's ill-regulated passions broke out months before any sexual intercourse had taken place ; the expressions used in that and foUoiving letters were most sidgular, as passing between two unmarried people. We heard, said his Lordiihip, a good deal said by the Dean of Faculty as to the character of this panel ; we have no evidence on the subject except what these letters exhibit, and no witness to character was brought ; but certainly these letters show as extraordinary a frame of mind and as unhallowed a passion as perhaps ever appeared in a court of justice. Cati yon be surprised, after such letters as those of the 20th April and 3d May, that on the 6th of May, three' days after- wards, ,' he got I possession of her person? On the 7th of May she writes to him, and in that letter is there the slightest appearance of grief or of remorse ? None whatever. It is the letter of a girl rejoicing in what had passed, and alluding to it, in one passage in particular, in terms which I will not read, for perhaps they were never previously committed to paper as having passed botweena man and a woman. What passed 339 must have passed outof doorS) not in the house, and she talks of the act as hers as much as his. His Lordship here read the letter and observed : This is a letter from a girl, written at five in the morning, just after she had submitted to his embraces ; can you conceive or picture any worse state of mind than this letter exhibits ? In other letters she uses the word ". love" underscored, showing clearly what i'he meant by it; and in one letter she uses the most disgusting and revolting language, exhibiting a state of mind most lamentable to think, of. Aftjer reading several other letters, his Lordship came to those of I earuary 1857, as to which he observed that it was plain she was then playing a part. She had been writing to " My dearest William" — referring to Mr Minnoeh — talking of the happiness of her expected marriage with him. As to the last letter,, which brought L' Angeliei from the Bridge of Allan, she said that it was written to inform him of her engagement to Mr Minnoeh ; but how strange that she should not say a word, about ^thatin it. He remarked on the fact that in the letter in which the prisoner said she would give the deceased a loaf of bread the next. time he came, she said she would give him it before he went " out"— showing that H was intended he should be let into the house. His Lordship observed that there could b^ no doubt that it was the prisoner's letter which brought L'Angelier from the Bridge of Allan, and he then proceeded : — In ordinary matters of life, after that, you could not have any hesitation in coming to tlie conclusion that they did meet accordingly. Bat that becojnes a very serious question in a case where that meeting is supposed to end in the administration of poison, and ^ach follows. It may be a very natural inference, that looking at the thing morally, no qne can doubt that he went to see her, and would seejier that ni^ght, for she h^d i^o difficulty in making arrangements to see him; andif she waited the second night after the first letter it would 340 not be surprieing that she should look out for an interriev on the second ni^ht after the second letter. The Dean of Facttlty — She did not wait the second night after the first letter. She waited only one night. The Lord Justice-Clerk — I am sure the jury understood what I meant. The Dean — ^It is the turning point of the case, because the slightest difference of expression may convey a different meaning. The Lord Justice-Glerk— She says : — " I shall wait again to-morrow night, same hour and arrangement." And I say there is no doubt — but it is a matter for the jury to consider — that after writing this letter she should wait aiother night — that is the ob«t>rvatio9 I made. And therefore it was rery natural that he should go to see her that Sunday night. But, as I said to you, this is an inference only. If you think it such a just and satisfactory inference that you can rest your verdict upon it, it is quite competent for you to draw such an inference from such letters as these, and from the conduct of the man coming to Glasgow for the purpose of seeing her — for it is plain that that was his object in coming to Glasgow. It is sufficiently proved that he went out immediately aFter he got some tea and toast, and had changed his coat. But then, gentlemen, in drawing an inference, you must always look to the important character of the inference which you are asked to draw. If this had been an appointment about business, and you found that a man came to Glasgow for the purpose of seeing another upon business, and that he went out for that purpose^ having no other object in coming to Glasgow, you would probably scout the notion of the person whom he had gone to meet saying I never saw or heard of him that day ; but the inference which you are asked to draw is this — namely, that they met upon that night, where the fact of their meeting 341 I the foundation of a charge of murder. You must feel therefore that the drilwing of an inference in the ordinary matters of civil business, or in the actual intercourse of mutual friends, is one thing, and the inference from the fact that he came to Glasgovr, that they did meet, and that, therefore, the poison was administered to him by her at that time, is another, and a most enormous jump in the category of infe- rences. Now, the question for you to put to yourselves is this — C;in you now, with satisfaction to your own minds, come to the conclusion that they did meet on that occasion, the result being, and the object of coming to that conclusion being, to fix down upon her the administration of the arsenic by which he died ? Now, then, gentlemen, let us take the three charges in the indictment. The first charge is, that she administered poison on the 19th or 20th February 1857. Probably you will be of opinion, on the evidence of Miss Perry and others, that he did see her on that occasion,' as well as on the 22d ; but as to the 19ch, she was not proved to have had arsenic or any other poison in her possession ; and what I attach very great importance to is that there is no medical testimony by analysis of the matter vomited that that illness did proceed from the admi- nistration of arsenic. If the doctor had examined the matter vomited, and said that there was certainly arsenic here, I am afraid the case would have been very strong against her, as having given him coffee or something immediately before bis illness on that occa- sion. But it is not proved that the illness arose from the administration of poison ; arsenic she had not, and there is no proof of her having possessed anything else deleterious. Therefore I have no hesi- tation in telling you that that charge has failed. He had thrice before been seized with illnesses of this description at M. Mean's, at Mr Roberts', and in 342 his own lodgings, as spoken to by one of the Bairds— which are not alleged to have been caused by arsenic. And therefore I hare no hesitation in telling you as to that, that I think that cbarj;e has failed. ' I think it ray duty to tell you, as a Judge, that on ^" that charge you should find her not guilty. But we are in a very different situation as to the illness of the 22d and morning of the 23d. In one respect it is not proved ' to be from the administration of any deleterious siib-" stance; and perhaps you may think it safer not to hold, in such a case as that, that it was the result of the administration of arsenic or of any poisonous substance. But what would connect the prisoner with that is I think much stronger — that is to say, connect her with a meeting with him that niglii.'''. , If yon should think you can acquit her of the first, ' and that there is too much doubt to find the second proved, why then you will observe how much that weakens all the theories that may be raised on the correspondence of a purpose and a desire of revenge or of something arising from the change of tone, and a ' desire to allure him again to her embraces and her fascinations which cannot be accounted for excepting', . on this supposition ; in that view undoubtedly the' foundation of the case is very much shaken, and will not lead you to suppose that the purpose of murder was cherished on the 22d. Then as to the charge of murder, gentlemen, the point for you to consider — surrounded as the panel is with grave suspicion, with everything that seems to militate against the notion of innocence, upon any theory that has been propounded to you—"." is this, are you prepared to say that you find an interview proved against her with the deceased on the night of the 22d March ? She had arsenic before the illness of the 22d February, and I think you ' will consider that all the excuses which she made about having arsenic are just as groundless as those which she stated to the apothecaries. She bought arsenic again on the 6tli, and certainly it is a very odd thing that she should buy more arsenic after she eame back to Glasgow on the 18th of March. For unless you are to take the account, to be sure, that she used it as a cosmetic, she has it before the 22d, and that is a, dreadful fact if you are quite satisfied that she did not get it and use it for the purpose of washing her hands and face. It may create the greatest reluctance in your mind to take any other view of the matter than that she was guilty of administering it somehow, though the place where may not he made out, or the precise time of the interview. But on the other hand, you must keep in view that arsenic could only he administered by her .if an interview took place with L'Angeiier ; but that interview, though it may be the result of an inference that may satisfy you morally that it did take place, stlU rests upon an inference alone ; and that inference is to be the ground, and must be the ground, on which a verdict of guilty is to rest. Gentlemen, you will see, there- fore, the necessity of great caution and jealousy in dealing with any inference which you may draw from this. You may be perfectly satisfied that L'Angeiier did not commit suicide, and of course it is necessary for you to be satisfied of that before you could find that anybody administered arsenic to him. Probably none of you will think for a moment that he ■went out that nigl^t, and that without seeing her, and without knowing what she wanted to see him abopt if tJiey had met, that he swallowed above 200 grains of arsenic on the street, ' and that he was carrying it about with him. Probably you will discard that altogether, though it is very important, no doubt, if you come to the conclusion that he did not swallow arsenic; yet, on the other hand, gentlemen, keep in view that that will not of itself establish that the j^risoner administered it. The matter ' may have remained 3i4 most mysterious — wholly unexplained ; yoii may not be able to account for it on any other supposition; but still that supposition or inference may not be a ground on which you can safely and satisfactorily rest your verdict against the panel. Nonr then, gentle- men, I leave you to consider the case with reference to the views that are raised upon this corre- spondence. I don't think you will consider it so unlikely as was supposed that this girlj after writing such letters, may have been capable of cherishing such a, purpose. But still, although ybii may take such a view of her character, it is but a supposition that she cherished this murderous purpose^he last conclusion of coarse that you ought to come to merely on supposition and inference and observation' upon this varying and wavering correspondence of a girl in the circumstances in which she was placed. It receives more importance no duuht when you find the purchase of arsenic jnst before she expected, or just at the time she expected, L'Angelier. But still these are but suppositions— these are but suspicions. Now, the great and invaluable use of a jury, after they direct their minds seriously to the case with the attention you have done, is to separate firmly — firmly and clearly in their own minds— suspicion /rom evidence. I don't say that inferences may not competently be drawn ; but I have already warned you as to inferences which may be drawn in the ordinary matters of civil life and those which may be drawn in such a case as this; and therefore if you cannot say, we satisfactorily find here evidence of this meeting, and that the poison must have been administered by her at any meeting what- ever may be your suspicion, however heavy the weight and load olT suspicion is against her, and however you may have to stiruggle to get rid of it, you perform your best and bounden duty as a jury to separate suspicion from truth, and to proceed iipon nothing u that you do not find established in evidence against her. I am qaite satisfied that whatever verdict you may give, after the attention which you have bestowed upon this case, will be the best approximation to truth at which we could arrive. But let me say, also, on the other hand, as I said at the outset, that of the evidence you are the best judges, not only in point of law, but in point of fact ; and you may be perfectly confident that if you return a verdict satisfactory to yourselves against the prisoner, you need not fear any consequences from any future, or imagined, or fancied discovery which may take place. You have done ]^our duty under your oaths under God and to your country, and may feel satisfied that remorse you never can have. Throughout the Lord Jastice-CIerk's address the prisoner appeared to preserve her usual demeanour, but manifesting the utmost interest in every word that his Lordship uttered. On one occasion, where his Lordship in reading his notes showed that he had mistaken the expression of one of the witnesses as to L'Angelier having said, when in Dundee, that he sometimes heard sounds in his ears " like the tramping of rats," for the expression " the spund of rat-traps," the prisoner If^ughed with great apparent heartiness. The jury retired about ten minutes aftes one o'clock, immediately upon which the audience in Court fell into keen excitement and discussion. About five minutes after the retirement, a bell rang, which was at first thought to he the signal from the jury that they were ready with their verdict, and a deep thrill of anxiety was visible throughout the Court — although the prisoner only slightly turned her head fgr; a. moment. During* the whole of the remaining period for which the jury were absent, she showed no particular symptoms of agitation — although, about twenty-five minutes past one, a second bell, which 346 proved to be that 61 .the Judges, caused a repetitidni :. of the same scene. At tl)irty-tw,o. minutes past one, the jury bell rang, and the jury entered the box three minutes afterwards.^ ; > The prisoner still c;ave no symptoins of emotion. i The Lord Justice-Clerk intimated that it must . . be understood that there must be no expression of any sort of feeling by the audience, whatever might be the verdict. < The names of the jury having been called, Mr Moffat, f of the High School, was announce as Chancellor, and read the verdict as follows, amidst a death-like silence : — In regard to the FIRST Charge, the jury, by a majority, iind a verdict of NOT GUILTY. In regard to the Second Charge, the jury find, by a majority, a verdict of NOT PROVEN. In regard to the THIRD Charge [the charge of Murder], the jury, by a majority, find a verdict of! NOT PROVEN. Instantly on the announcement of these last words, a vehement burst of pheering came from the audience, especially from the galleries, which was again and^ again renewed with increasing loudness in spite of 1 the eflforts of the Judges and the officers of Court. Whilst the Chancellor was reading the verdict, the- prisoner gazed at the jury steadily, but with no signs of agitation, and when the verdict of Not Proven on the third charge was pronounceif, her head slightly fell, and her face broke into a bright but somewhat agitated smile. Her hands were on the instant warmly grasped by her agent, Mr Rahken, on one side,. and by the Jail matron on the, other — expressions, of 317 sympathy which seemed to affect the accused more deeply than any incident of the nine days' trial. The Lord Justice-Clerk, in thanking the jury for their services (and intimating that they would be relieved from similar duties for five years), stated that they would have perceived from what he had said to them that bis own opinions quite coincided with the conclusion at which tbey had arrived. The prisoner was then dismissed from the bar, and left the Court by the trap-door throughr which she had ascended each morning. Outside, the announcement of the verdict called forth strong cheering from what seemed a majority of the great multitude collected. EMNBnReH : PRINTED AT THE SCOTSMAN OITIOB. ^H^'S^ T^to ■-31^