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 at the truth seemed more 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.”
‘I thought of the physical slightness of the people, their lack of intelligence, and those big abundant ruins, and it strengthened my belief in a perfect conquest of Nature. For after the battle comes Quiet. Humanity had been strong, energetic, and intelligent, and had used all its abundant vitality to alter the conditions under which it lived. And now came the reaction of the altered conditions.
‘Under the new conditions of perfect comfort and security, that restless energy, that with us is strength, would become weakness. Even in our own time certain tendencies and desires, once necessary to survival, are a constant source of failure. Physical courage and the love of battle, for instance, are no great help—may even be hindrances—to a civilized man. And in a state of physical balance and security, power, intellectual as well as physical, would be out of place. For countless years I judged there had been no danger of war or solitary violence, no danger from wild beasts, no wasting disease to require strength of constitution, no need of toil. For such a life, what we should call the weak are as well equipped as the strong, are indeed no longer weak. Better equipped indeed they are, for the strong would be fretted by an energy for which there was no outlet. No doubt the exquisite beauty of the buildings I saw was the outcome of the last surgings of the now purposeless energy of mankind before it settled down into perfect harmony with the conditions under which it lived—the flourish of that triumph which began the last great peace. This has ever been the fate of energy in security; it takes to art and to eroticism, and then come languor and decay.
‘Even this artistic impetus would at last die away—had almost died in the Time I saw. To adorn themselves with flowers, to dance, to sing in the sunlight: so much was left of the artistic spirit, and no more. Even that would fade in the end into a contented inactivity. We are kept keen on the grindstone of pain and necessity, and, it seemed to me, that here was that hateful grindstone broken at last!
‘As I stood there in the gathering dark I thought that in this simple explanation I had mastered the problem of the world— mastered the whole secret of these delicious people. Possibly the checks they had devised for the increase of population had succeeded too well, and their numbers had rather diminished than kept stationary. That would account for the abandoned ruins. Very simple was my explanation, and plausible enough—as most wrong theories are!
‘As I stood there musing over this too perfect triumph of man, the full moon, yellow and gibbous, came up out of an overflow of silver light in the north-east. The bright little figures ceased to move about below, a noiseless owl flitted by, and I shivered with the chill of the night. I determined to descend and find where I could sleep.
‘I looked for the building I knew. Then my eye travelled along to the figure of the White Sphinx upon the pedestal of bronze, growing distinct as the light of the rising moon grew brighter. I could see the silver birch against it. There was the tangle of rhododendron bushes, black in the pale light, and there was the little lawn. I looked at the lawn again. A queer doubt chilled my complacency. “No,” said I stoutly to myself, “that was not the lawn.”