II. -- A FAIR NECK FOR THE MAIDEN

In her long history there can have been few mornings upon which

Edinburgh had more to offer her burghers in the way of gossip and rumour

than on that of the 1st of July, 1600. In this 'gate' and that 'gate,'

as one may imagine, the douce citizens must have clustered and broke

and clustered, like eddied foam on a spated burn. By conjecture, as they

have always been a people apt to take to the streets upon small occasion

as on large, it is not unlikely that the news which was to drift into

the city some thirty-five days later--namely, that an attempt on the

life of his Sacred Majesty, the High and Mighty (and Rachitic) Prince,

James the Sixth of Scotland, had been made by the brothers Ruthven in

their castle of Gowrie--it is not unlikely that the first buzz of the

Gowrie affair caused no more stir, for the time being at any rate, than

the word which had come to those Edinburgh folk that fine morning of

the first day in July. The busier of the bodies would trot from knot

to knot, anxious to learn and retail the latest item of fact and fancy

regarding the tidings which had set tongues going since the early hours.

Murder, no less.

If the contemporary juridical records, even what is left of them, be

a criterion, homicide in all its oddly named forms must have been a

commonplace to those couthie lieges of his Slobberiness, King Jamie. It

is hard to believe that murder, qua murder, could have been of much more

interest to them than the fineness of the weather. We have it, however,

on reasonable authority, that the murder of the Laird of Warriston did

set the people of "Auld Reekie" finely agog.

John Kincaid, of Warriston, was by way of being one of Edinburgh's

notables. Even at that time his family was considered to be old. He

derived from the Kincaids of Kincaid, in Stirlingshire, a family then

in possession of large estates in that county and here and there about

Lothian. His own property of Warriston lay on the outskirts of Edinburgh

itself, just above a mile from Holyroodhouse. Notable among his

possessions was one which he should, from all accounts, dearly have

prized, but which there are indications he treated with some contumely.

This was his wife, Jean Livingstone, a singularly beautiful girl, no

more than twenty-one years of age at the time when this story opens.

Jean, like her husband, was a person of good station indeed. She was a

daughter of the Laird of Dunipace, John Livingstone, and related through

him and her mother to people of high consideration in the kingdom.

News of the violent death of John Kincaid, which had taken place soon

after midnight, came quickly to the capital. Officers were at once

dispatched. Small wonder that the burghers found exercise for their

clacking tongues from the dawning, for the lovely Jean was taken by the

officers 'red-hand,' as the phrase was, for the murder of her husband.

With her to Edinburgh, under arrest, were brought her nurse and two

other serving-women.

To Pitcairn, compiler of Criminal Trials in Scotland, from indications

in whose account of the murder I have been set on the hunt for material

concerning it, I am indebted for the information that Jean and her women

were taken red-hand. But I confess being at a loss to understand it.

Warriston, as indicated, stood a good mile from Edinburgh. The informant

bringing word of the deed to town, even if he or she covered the

distance on horseback, must have taken some time in getting the proper

authorities to move. Then time would elapse in quantity before the

officers dispatched could be at the house. They themselves could hardly

have taken the Lady Warriston red-hand, because in the meantime the

actual perpetrator of the murder, a horse-boy named Robert Weir, in the

employ of Jean's father, had made good his escape. As a fact, he was

not apprehended until some time afterwards, and it would seem, from the

records given in the Pitcairn Trials, that it was not until four years

later that he was brought to trial.

A person taken red-hand, it would be imagined, would be one found in

such circumstances relating to a murder as would leave no doubt as to

his or her having "airt and pairt" in the crime. Since it must have

taken the officers some time to reach the house, one of two things must

have happened. Either some officious person or persons, roused by the

killing, which, as we shall see, was done with no little noise, must

have come upon Jean and her women immediately upon the escape of Weir,

and have detained all four until the arrival of the officers, or else

Jean and her women must have remained by the dead man in terror,

and have blurted out the truth of their complicity when the officers

appeared.

Available records are irritatingly uninformative upon the arrest of the

Lady Warriston. Pitcairn himself, in 1830, talks of his many "fruitless

searches" through the Criminal Records of the city of Edinburgh, the

greater part of which are lost, and confesses his failure to come on any

trace of the actual proceedings in this case, or in the case of Robert

Weir. For this reason the same authority is at a loss to know whether

the prisoners were immediately put to the knowledge of an assize, being

taken "red-hand," without the formality of being served a "dittay"

(as who should say an indictment), as in ordinary cases, before the

magistrates of Edinburgh, or else sent for trial before the baron

bailie of the regality of Broughton, in whose jurisdiction Warriston was

situated.

It would perhaps heighten the drama of the story if it could be learned

what Jean and her women did between the time of the murder and the

arrest. It would seem, however, that the Lady Warriston had some

intention of taking flight with Weir. One is divided between an idea

that the horse-boy did not want to be hampered and that he was ready for

self-sacrifice. "You shall tarry still," we read that he said; "and if

this matter come not to light you shall say, 'He died in the gallery,'

and I shall return to my master's service. But if it be known I shall

fly, and take the crime on me, and none dare pursue you!"

It was distinctly a determined affair of murder. The loveliness of Jean

Livingstone has been so insisted upon in many Scottish ballads,[2] and

her conduct before her execution was so saintly, that one cannot help

wishing, even now, that she could have escaped the scaffold. But there

is no doubt that, incited by the nurse, Janet Murdo, she set about

having her husband killed with a rancour which was very grim indeed.

"She has twa weel-made feet;

Far better is her hand;

She's jimp about the middle

As ony willy wand."

The reason for Jean's hatred of her husband appears in the dittay

against Robert Weir. "Forasmuch," it runs, translated to modern terms,

as whilom Jean Livingstone, Goodwife of Warriston, having conceived

a deadly rancour, hatred, and malice against whilom John Kincaid, of

Warriston, for the alleged biting of her in the arm, and striking her

divers times, the said Jean, in the month of June, One Thousand Six

Hundred Years, directed Janet Murdo, her nurse, to the said Robert

[Weir], to the abbey of Holyroodhouse, where he was for the time,

desiring him to come down to Warriston, and speak with her, anent the

cruel and unnatural taking away of her said husband's life.

And there you have it. If the allegation against John Kincaid was true

it does not seem that he valued his lovely wife as he ought to have

done. The striking her "divers times" may have been an exaggeration.

It probably was. Jean and her women would want to show there had been

provocation. (In a ballad he is accused of having thrown a plate at

dinner in her face.) But there is a naivete, a circumstantial air, about

the "biting of her in the arm" which gives it a sort of genuine ring.

How one would like to come upon a contemporary writing which would throw

light on the character of John Kincaid! Growing sympathy for Jean makes

one wish it could be found that Kincaid deserved all he got.

Here and there in the material at hand indications are to be found that

the Lady of Warriston had an idea she might not come so badly off on

trial. But even if the King's Majesty had been of clement disposition,

which he never was, or if her judges had been likely to be moved by her

youth and beauty, there was evidence of such premeditation, such fixity

of purpose, as would no doubt harden the assize against her.

Robert Weir was in service, as I have said, with Jean Livingstone's

father, the Laird of Dunipace. It may have been that he knew Jean before

her marriage. He seems, at any rate, to have been extremely willing to

stand by her. He was fetched by the nurse several times from Holyrood to

Warriston, but failed to have speech with the lady. On the 30th of June,

however, the Lady Warriston having sent the nurse for him once again, he

did contrive to see Jean in the afternoon, and, according to the dittay,

"conferred with her, concerning the cruel, unnatural, and abominable

murdering of the said whilom John Kincaid."

The upshot of the conference was that Weir was secretly led to a "laigh"

cellar in the house of Warriston, to await the appointed time for the

execution of the murder.

Weir remained in the cellar until midnight. Jean came for him at that

hour and led him up into the hall. Thence the pair proceeded to the room

in which John Kincaid was lying asleep. It would appear that they took

no great pains to be quiet in their progress, for on entering the room

they found Kincaid awakened "be thair dyn."

I cannot do better at this point than leave description of the murder as

it is given in the dittay against Weir. The editor of Pitcairn's Trials

remarks in a footnote to the dittay that "the quaintness of the ancient

style even aggravates the horror of the scene." As, however, the ancient

style may aggravate the reader unacquainted with Scots, I shall English

it, and give the original rendering in a footnote:

And having entered within the said chamber, perceiving the said whilom

John to be wakened out of his sleep by their din, and to pry over his

bed-stock, the said Robert came then running to him, and most cruelly,

with clenched fists, gave him a deadly and cruel stroke on the jugular

vein, wherewith he cast the said whilom John to the ground, from out his

bed; and thereafter struck him on his belly with his feet; whereupon he

gave a great cry. And the said Robert, fearing the cry should have been

heard, he thereafter, most tyrannously and barbarously, with his hand,

gripped him by the throat, or weasand, which he held fast a long time,

while [or until] he strangled him; during the which time the said John

Kincaid lay struggling and fighting in the pains of death under him.

And so the said whilom John was cruelly murdered and slain by the said

Robert.[3]

It will be seen that Robert Weir evolved a murder technique which,

as Pitcairn points out, was to be adopted over two centuries later in

Edinburgh at the Westport by Messrs Burke and Hare.

She Stands Accused · 第 8 / 42 题