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 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 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.”
He looked across at the Editor, who was a rare visitor, and hoped he was all right. The Editor began a question. ‘Tell you presently,’ said the Time Traveller. ‘I’m—funny! Be all right in a minute.’
He put down his glass, and walked towards the staircase door. Again I remarked his lameness and the soft padding sound of his footfall, and standing up in my place, I saw his feet as he went out. He had nothing on them but a pair of tattered blood-stained socks. Then the door closed upon him. I had half a mind to follow, till I remembered how he detested any fuss about himself. For a minute, perhaps, my mind was wool-gathering. Then, ‘Remarkable Behaviour of an Eminent Scientist,’ I heard the Editor say, thinking (after his wont) in headlines. And this brought my attention back to the bright dinner-table.
‘What’s the game?’ said the Journalist. ‘Has he been doing the Amateur Cadger? I don’t follow.’ I met the eye of the Psychologist, and read my own interpretation in his face. I thought of the Time Traveller limping painfully upstairs. I don’t think any one else had noticed his lameness.
The first to recover completely from this surprise was the Medical Man, who rang the bell—the Time Traveller hated to have servants waiting at dinner—for a hot plate. At that the Editor turned to his knife and fork with a grunt, and the Silent Man followed suit. The dinner was resumed. Conversation was exclamatory for a little while, with gaps of wonderment; and then the Editor got fervent in his curiosity. ‘Does our friend eke out his modest income with a crossing? or has he his Nebuchadnezzar phases?’ he inquired. ‘I feel assured it’s this business of the Time Machine,’ I said, and took up the Psychologist’s account of our previous meeting. The new guests were frankly incredulous. The Editor raised objections. ‘What WAS this time travelling? A man couldn’t cover himself with dust by rolling in a paradox, could he?’ And then, as the idea came home to him, he resorted to caricature. Hadn’t they any clothes-brushes in the Future? The Journalist too, would not believe at any price, and joined the Editor in the easy work of heaping ridicule on the whole thing. They were both the new kind of journalist—very joyous, irreverent young men. ‘Our Special Correspondent in the Day after To-morrow reports,’ the Journalist was saying—or rather shouting—when the Time Traveller came back. He was dressed in ordinary evening clothes, and nothing save his haggard look remained of the change that had startled me.
‘I say,’ said the Editor hilariously, ‘these chaps here say you have been travelling into the middle of next week! Tell us all about little Rosebery, will you? What will you take for the lot?’
The Time Traveller came to the place reserved for him without a word. He smiled quietly, in his old way. ‘Where’s my mutton?’ he said. ‘What a treat it is to stick a fork into meat again!’