The prisoner's valet deposed that his master had rung for him at twenty minutes to ten on the morning of the day on which his mistress died, and had ordered a cup of tea for her. The man had received the order at the open door of Mrs. Macallan's room, and could positively swear that no other person but his master was there at the time.
The under-housemaid, appearing next, said that she had made the tea, and had herself taken it upstairs before ten o'clock to Mrs. Macallan's room. Her master had received it from her at the open door. She could look in, and could see that he was alone in her mistress's room.
The nurse, Christina Ormsay, being recalled, repeated what Mrs. Macallan had said to her on the day when that lady was first taken ill. She had said (speaking to the nurse at six o'clock in the morning), "Mr. Macallan came in about an hour since; he found me still sleepless, and gave me my composing draught." This was at five o'clock in the morning, while Christina Ormsay was asleep on the sofa. The nurse further swore that she had looked at the bottle containing the composing mixture, and had seen by the measuring marks on the bottle that a dose had been poured out since the dose previously given, administered by herself.
On this occasion special interest was excited by the cross-examination. The closing questions put to the under-housemaid and the nurse revealed for the first time what the nature of the defense was to be.
Cross-examining the under-housemaid, the Dean of Faculty said: "Did you ever notice when you were setting Mrs. Eustace Macallan's room to rights whether the water left in the basin was of a blackish or bluish color?" The witness answered, "I never noticed anything of the sort."
The Dean of Faculty went on: "Did you ever find under the pillow of the bed, or in any other hiding place in Mrs. Macallan's room, any books or pamphlets telling of remedies used for improving a bad complexion?" The witness answered, "No."
The Dean of Faculty persisted: "Did you ever hear Mrs. Macallan speak of arsenic, taken as a wash or taken as a medicine, as a good thing to improve the complexion?" The witness answered, "Never."
Similar questions were next put to the nurse, and were all answered by this witness also in the negative.
Here, then, in spite of the negative answers, was the plan of the defense made dimly visible for the first time to the jury and to the audience. By way of preventing the possibility of a mistake in so serious a matter, the Chief Judge (the Lord Justice Clerk) put this plain question, when the witnesses had retired, to the Counsel for the defense: "The Court and the jury," said his lordship, "wish distinctly to understand the object of your cross-examination of the housemaid and the nurse. Is it the theory of the defense that Mrs. Eustace Macallan used the arsenic which--her husband purchased for the purpose of improving the defects of her complexion?"