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 to us than any novel.

Occasionally other 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.”

‘A horror of this great darkness came on me. The cold, that smote to my marrow, and the pain I felt in breathing, overcame me. I shivered, and a deadly nausea seized me. Then like a red-hot bow in the sky appeared the edge of the sun. I got off the machine to recover myself. I felt giddy and incapable of facing the return journey. As I stood sick and confused I saw again the moving thing upon the shoal—there was no mistake now that it was a moving thing—against the red water of the sea. It was a round thing, the size of a football perhaps, or, it may be, bigger, and tentacles trailed down from it; it seemed black against the weltering blood-red water, and it was hopping fitfully about. Then I felt I was fainting. But a terrible dread of lying helpless in that remote and awful twilight sustained me while I clambered upon the saddle.

‘So I came back. For a long time I must have been insensible upon the machine. The blinking succession of the days and nights was resumed, the sun got golden again, the sky blue. I breathed with greater freedom. The fluctuating contours of the land ebbed and flowed. The hands spun backward upon the dials. At last I saw again the dim shadows of houses, the evidences of decadent humanity. These, too, changed and passed, and others came. Presently, when the million dial was at zero, I slackened speed. I began to recognize our own petty and familiar architecture, the thousands hand ran back to the starting-point, the night and day flapped slower and slower. Then the old walls of the laboratory came round me. Very gently, now, I slowed the mechanism down.

‘I saw one little thing that seemed odd to me. I think I have told you that when I set out, before my velocity became very high, Mrs. Watchett had walked across the room, travelling, as it seemed to me, like a rocket. As I returned, I passed again across that minute when she traversed the laboratory. But now her every motion appeared to be the exact inversion of her previous ones. The door at the lower end opened, and she glided quietly up the laboratory, back foremost, and disappeared behind the door by which she had previously entered. Just before that I seemed to see Hillyer for a moment; but he passed like a flash.

‘Then I stopped the machine, and saw about me again the old familiar laboratory, my tools, my appliances just as I had left them. I got off the thing very shaky, and sat down upon my bench. For several minutes I trembled violently. Then I became calmer. Around me was my old workshop again, exactly as it had been. I might have slept there, and the whole thing have been a dream.

‘And yet, not exactly! The thing had started from the south-east corner of the laboratory. It had come to rest again in the north-west, against the wall where you saw it. That gives you the exact distance from my little lawn to the pedestal of the White Sphinx, into which the Morlocks had carried my machine.

‘For a time my brain went stagnant. Presently I got up and came through the passage here, limping, because my heel was still painful, and feeling sorely begrimed. I saw the PALL MALL GAZETTE on the table by the door. I found the date was indeed to-day, and looking at the timepiece, saw the hour was almost eight o’clock. I heard your voices and the clatter of plates. I hesitated—I felt so sick and weak. Then I sniffed good wholesome meat, and opened the door on you. You know the rest. I washed, and dined, and now I am telling you the story.