While my husband and Mr. Henley were engaged in writing plays in Bournemouth they made a number of titles, hoping to use them in the future. Dramatic composition was not what my husband preferred, but the torrent of Mr. Henley’s enthusiasm swept him off his feet. However, after several plays had been finished, and his health seriously impaired by his endeavours to keep up with Mr. Henley, play writing was abandoned forever, and my husband returned to his legitimate vocation. Having added one of the titles, The Hanging Judge, to the list of projected plays, now thrown aside, and emboldened by my husband’s offer to give me any help needed, I concluded to try and write it myself.
As I wanted a trial scene in the Old Bailey, I chose the period of 1700 for my purpose; but being shamefully ignorant of my subject, and my husband confessing to little more knowledge than I possessed, a London bookseller was commissioned to send us everything he could procure bearing on Old Bailey trials. A great package came in response to our order, and very soon we were both absorbed, not so much in the trials as in following the brilliant career of a Mr. Garrow, who appeared as counsel in many of the cases. We sent for more books, and yet more, still intent on Mr. Garrow, whose subtle cross–examination of witnesses and masterly, if sometimes startling, methods of arriving at the truth seemed more thrilling thrilling to us than any novel.
Occasionally other trials than those of the Old Bailey would be included in the package of books we received from London; among these my husband found and read with avidity:—
My husband was always interested in this period of his country’s history, and had already the intention of writing a story that should turn on the Appin murder. The tale was to be of a boy, David Balfour, supposed to belong to my husband’s own family, who should travel in Scotland as though it were a foreign country, meeting with various adventures and misadventures by the way. From the trial of James Stewart my husband gleaned much valuable material for his novel, the most important being the character of Alan Breck. Aside from having described him as “smallish in stature,” my husband seems to have taken Alan Breck’s personal appearance, even to his clothing, from the book.
A letter from James Stewart to Mr. John Macfarlane, introduced as evidence in the trial, says: “There is one Alan Stewart, a distant friend of the late Ardshiel’s, who is in the French service, and came over in March last, as he said to some, in order to settle at home; to others, that he was to go soon back; and was, as I hear, the day that the murder was committed, seen not far from the place where it happened, and is not now to be seen; by which it is believed he was the actor. He is a desperate foolish fellow; and if he is guilty, came to the country for that very purpose. He is a tall, pock–pitted lad, very black hair, and wore a blue coat and metal buttons, an old red vest, and breeches of the same colour.” A second witness testified to having seen him wearing “a blue coat with silver buttons, a red waistcoat, black shag breeches, tartan hose, and a feathered hat, with a big coat, dun coloured,” a costume referred to by one of the counsel as “French cloathes which were remarkable.”
The next Thursday I went again to Richmond—I suppose I was one of the Time Traveller’s most constant guests—and, arriving late, found four or five men already assembled in his drawing-room. The Medical Man was standing before the fire with a sheet of paper in one hand and his watch in the other. I looked round for the Time Traveller, and—‘It’s half-past seven now,’ said the Medical Man. ‘I suppose we’d better have dinner?’
‘Where’s——?’ said I, naming our host.
‘You’ve just come? It’s rather odd. He’s unavoidably detained. He asks me in this note to lead off with dinner at seven if he’s not back. Says he’ll explain when he comes.’
‘It seems a pity to let the dinner spoil,’ said the Editor of a well-known daily paper; and thereupon the Doctor rang the bell.
The Psychologist was the only person besides the Doctor and myself who had attended the previous dinner. The other men were Blank, the Editor aforementioned, a certain journalist, and another—a quiet, shy man with a beard—whom I didn’t know, and who, as far as my observation went, never opened his mouth all the evening. There was some speculation at the dinner-table about the Time Traveller’s absence, and I suggested time travelling, in a half-jocular spirit. The Editor wanted that explained to him, and the Psychologist volunteered a wooden account of the ‘ingenious paradox and trick’ we had witnessed that day week. He was in the midst of his exposition when the door from the corridor opened slowly and without noise. I was facing the door, and saw it first. ‘Hallo!’ I said. ‘At last!’ And the door opened wider, and the Time Traveller stood before us. I gave a cry of surprise. ‘Good heavens! man, what’s the matter?’ cried the Medical Man, who saw him next. And the whole tableful turned towards the door.
He was in an amazing plight. His coat was dusty and dirty, and smeared with green down the sleeves; his hair disordered, and as it seemed to me greyer—either with dust and dirt or because its colour had actually faded. His face was ghastly pale; his chin had a brown cut on it—a cut half healed; his expression was haggard and drawn, as by intense suffering. For a moment he hesitated in the doorway, as if he had been dazzled by the light. Then he came into the room. He walked with just such a limp as I have seen in footsore tramps. We stared at him in silence, expecting him to speak.
He said not a word, but came painfully to the table, and made a motion towards the wine. The Editor filled a glass of champagne, and pushed it towards him. He drained it, and it seemed to do him good: for he looked round the table, and the ghost of his old smile flickered across his face. ‘What on earth have you been up to, man?’ said the Doctor. The Time Traveller did not seem to hear. ‘Don’t let me disturb you,’ he said, with a certain faltering articulation. ‘I’m all right.’ He stopped, held out his glass for more, and took it off at a draught. ‘That’s good,’ he said. His eyes grew brighter, and a faint colour came into his cheeks. His glance flickered over our faces with a certain dull approval, and then went round the warm and comfortable room. Then he spoke again, still as it were feeling his way among his words. ‘I’m going to wash and dress, and then I’ll come down and explain things. . . Save me some of that mutton. I’m starving for a bit of meat.’