Some time previous to this bill becoming due, Lorimer called at the

bank where it had been cashed, and stated to the manager, with whom he

sought a private interview, that he had discovered that the bill which

he had discounted there, bearing to be the acceptance of James Laidlaw

to William Wotherspoon, was a forgery, and that he could lead proof to

show that Wotherspoon was the perpetrator of the crime. The matter being

immediately investigated, it was found that there were sufficient

grounds to institute a criminal action against Wotherspoon; and his

apprehension, as already described, was the result.

Wotherspoon, in the meantime, however, denied all knowledge of the bill,

said he had no transactions whatever with Lorimer or Laidlaw, and that

he did not know the latter, even by sight, or in any other way; and in

this utter denial he remained firm and consistent to the last, to the

great perplexity of his own counsel, who, while he could not resist the

weight of evidence which was mustered against his client, and which

indeed seemed conclusive, was yet staggered by the cool and pertinacious

manner in which Wotherspoon maintained and insisted on his innocence.

In due time the trial of the latter, for the forgery, came on before the

High Court of Justiciary, when a long and careful investigation of the

case was entered into.

The first witness called by the public prosecutor was Lorimer, who

deposed that the bill had been paid over to him by Wotherspoon, for

professional services rendered the latter at the time of his bankruptcy.

That it was Wotherspoon's handwriting. That Wotherspoon had stated that

he had obtained the bill from Laidlaw, in payment of an account for

goods with which he had furnished him. That he had discovered the

forgery, by having asked Laidlaw, whom he accidentally met some time

after, if he had ever had any dealings with Wotherspoon? when the former

said he never had, and knew nothing about him. Had, from some

circumstances which subsequently occurred, suspected that the bill was a

forgery; particularly from Wotherspoon saying, that he would be obliged

to retire it himself, in the first instance, as Laidlaw had intimated to

him that he could not meet it when due. Witness, knowing Laidlaw

to be a wealthy man, thought this very unlikely, and hence his

suspicions--suspicions, he said, which were greatly increased by a

circumstance which he begged permission to state to the court. Witness

then proceeded to relate the expression used by Mr Wotherspoon on the

occasion of his dining with the commercial traveller, which, he said,

happening to be in an adjoining apartment, he had overheard.

This witness was followed by Laidlaw, the alleged accepter of the bill,

who swore that the signature attached to it was not his handwriting;

and, in this assertion, he was supported by other evidence; adding, that

he had no knowledge whatever of the prisoner, and had never had any

transactions with him.

James Anderson, Wotherspoon's shopman, was next called; and when asked

if the bill, which was shown him, was his master's handwriting,

answered, that he could not say--that it was certainly very like;

thought, however, on the whole, that it was not, but would not swear to

this. Asked if he ever saw or knew Lorimer to be employed by his master;

said, he did not. Asked, if he meant that he never was employed by him,

or merely that such a circumstance did not consist with his knowledge?

Answered, that it did not consist with his knowledge; but allowed that

Lorimer might have been employed by the prisoner without his knowing it.

A person of the name of Andrew Hislop was next put into the witness-box,

who swore that Wotherspoon had told him that he had settled with

Lorimer, and that he had given him an indorsed bill, in payment of his

account; that he had said, at the same time, that the bill was the

acceptance of Laidlaw, and was in payment of an account for goods which

the prisoner had furnished him.

James Bryce, stabler and innkeeper, Grassmarket, Edinburgh, in whose

house the transaction, which was the subject of investigation, was said

to have taken place, next deponed that Lorimer, whom he knew very well,

and Mr Wotherspoon, the prisoner at the bar, came to his house on the

evening of the 14th September; and that he, being asked to sit down at

table with them, saw Mr Wotherspoon indorse over a bill to Mr Lorimer,

saying, at the same time, that he believed that would about clear scores

between them. This witness's evidence was corroborated by that of his

wife, who had been also asked to join the party, she being well

acquainted with Lorimer, who used to frequent the house when he resided

in Edinburgh.

As these two witnesses were of highly respectable character, their

evidence was held by the court to be conclusive against the prisoner.

The latter, in his defence by his counsel, admitted that he had been in

Edinburgh on the day condescended on by the witnesses who had just been

examined, but denied that he had ever been in their house, or knew

anything at all about them. Denied that he had ever made use of the

language, or anything at all like it, attributed to him by Hislop;

denied that he ever had employed Lorimer in any way, or ever was owing

him a farthing. Admitted that he had used the expressions attributed to

him by Lorimer on the occasion condescended on, and acknowledged their

impropriety; but said they were spoken merely in jest, and in a spirit

of levity, excited by the wine he had drank.

For the rest, the prisoner had only the general respectability of his

character to support him, of which he produced abundant proof to the

court, and a simple denial of all that had been alleged against him; but

this, of course, was of little avail in the face of the direct and

positive evidence of his guilt which had been adduced.

The difficulties, too, in which Wotherspoon was known to be at the time

had a powerful influence in strengthening the belief of his guilt; while

it was observed that the imprudent language used by the prisoner, when

in company with the commercial traveller, and which was detailed by

Lorimer, made a singularly strong and unfavourable impression on the

court--an impression which was but little affected by the apology for,

and explanation of it, that had been given.

In short, no doubt remained on the minds of any one present that

Wotherspoon was guilty of the crime charged against him; and the jury,

in conformity with their own and the general impression, found the libel

proven, without retiring from the box; and the unfortunate man was

sentenced to suffer death: his counsel having in vain stated, that, from

the steadiness, simplicity, and consistency of all the prisoner's

answers to his interrogatories, put to him while in prison, he was all

but entirely convinced of his innocence. "There was a mystery in the

case," he said, "which he could not solve; but a day of retribution was

coming," he added, "when the cause would be tried over again, and before

a Judge from whom nothing could be concealed, and on whom no plot,

however well contrived, could impose."

Wotherspoon heard the terrible judgment pronounced on him with the

utmost composure, and persevered in asserting his innocence, both to his

counsel and to those of his friends who subsequently visited him in

prison. On these last, his declarations produced various effects. Some

of them--those who knew him--believed that he had met with foul play

from some quarter or another; and their suspicions fell on Lorimer,

whose character was well known to them: but there was nothing in the

whole case which could warrant them in openly asserting that he had

played the villain.

By others, again, Wotherspoon's declarations of innocence were looked

upon as proceeding from the natural shame of crime. They pitied the

unhappy man sincerely; but, however high might have been their opinion

formerly of his integrity, they had no doubt that the pressure of

necessitous circumstances had broken down his principles, and that he

was guilty of the forgery. And this last was the opinion generally

entertained regarding the convict by the public at large; while the

first was the most prevalent in the district from which Wotherspoon

came, and where he was, of course, best known.

With regard to Lorimer, the directors of the bank in which the forged

bill had been discounted were so pleased with his activity and diligence

in detecting and proving the forgery, that they not only forgave him the

amount of it--for which he was liable as an indorser--but presented him

with a handsome gratuity over and above, on the conviction of the

offender.

To return to Wotherspoon. Two or three days after his trial and

condemnation, the session closed, and the gentleman, a Mr Moffat, who

had been employed as his counsel, went to the country to spend a few

days at a friend's residence there. On the first day of his arrival, and

within an hour after that occurrence, Mr Moffat was invited by his host

to take a stroll in the garden, to see some improvement he was then

making on it.

At the moment that Mr Moffat and his friend entered the garden, there

were two men employed in delving a piece of ground at a little distance

from the gate, one of whom, on perceiving the Edinburgh lawyer, hastily

flung down his spade, and ran off. Somewhat surprised at this

circumstance, Mr Porteous, Mr Moffat's entertainer, inquired of the

fugitive's fellow-workman, who was his principal gardener, what it

meant.

The man smiled, and said that he believed he did not care to be seen by

that gentleman there, pointing to Mr Moffat.

"By me!--afraid to be seen by me!" said the latter, in astonishment.

"What can that mean? What's the man's name?"

"His name is Hislop, sir--Andrew Hislop," replied the gardener. "I

believe he was witness in some case before the Court of Justiciary

lately."

"Right, right!" said Mr Moffat, already a good deal excited by the

occurrence. "I thought I recollected the fellow, even from the momentary

glance I had of him. Has he ever made any remark to you regarding that

trial?" inquired Moffat.

"Why, nothing more, sir, than saying, that it is an ugly job; and that,

if he had not been very firm, perhaps somebody else would have swung in

place of Wotherspoon."

"Ay, indeed," exclaimed Mr Moffat, struggling hard to conceal the

emotion he felt on this first glimmering of a new light on Wotherspoon's

case being thus suddenly and most unexpectedly presented to him, and

which was so much in accordance with certain preconceived notions of his

own regarding that unfortunate case.

"And just now!" said Mr Moffat, eagerly. "What did he say just now,

before he left you? Did he say anything?"

"He said, sir, as I told you before, he did not care to meet with you

again, lest you should bother him with questions."

"Very well, very well--that'll do, my man," replied Mr Moffat, who now

felt convinced that he had got a clue to the mystery which had puzzled

him so much in Wotherspoon's case. "That'll do," he said, at the same

time leading away his friend, to whom he related the whole circumstances

of the trial, mentioned his suspicions, and begged his co-operation--Mr

Porteous being a justice of peace--in securing Hislop. This co-operation

was readily conceded; and so effectively and promptly, that in less than

two hours Hislop was apprehended, although he had got a good many miles

away--for his flight had not been a temporary but a final one; and in

less than two hours more he was hard and fast in the Heart of

Mid-Lothian.

On the day after his apprehension, Hislop was examined before the

sheriff--Mr Moffat, who had gone to town on purpose, being also

present--when, either through fear of punishment, which he hoped to

avert by his disclosures, or from the impulses of an awakened

conscience, he told a tale of villany, which--whether the amazing

complexity of its character be considered, the singular dexterity with

which it was managed, or the astounding depravity which marked it--will

scarcely be found paralleled, it is believed, in the annals of crime.

Hislop deponed, in the first place, that Lorimer, not Wotherspoon, was

the actual forger of the bill, and that he had seen him write it. That

he, Hislop, hired by Lorimer, had personated Wotherspoon in Bryce's

house, on the occasion to which the evidence of that witness and his

wife referred; and here Hislop called on Mr Moffat to mark the strong

resemblance, both in person and countenance, that existed between

himself and Wotherspoon; which, now that his attention was called to it,

Mr Moffat perceived to be indeed singularly striking.

The deponent further stated, that Lorimer had promised him L10 for his

trouble, but had paid him with five. That Wotherspoon had never used the

expressions to him that he had attributed to him, when giving evidence

on the trial of the former. Lastly, he declared that Lorimer had

frequently said to him, in reference at once to the plot against

Wotherspoon, and to Wotherspoon himself, "that he would be revenged on

the object of his deadly hatred, and would put fifty pounds in his

pocket besides."

On the strength of this deposition, Lorimer was now apprehended, while a

respite was obtained for Wotherspoon; and the trial of the former, for

the identical crime for which the latter was under sentence of death,

soon after followed.

On this trial, the deposition of Hislop was, through the activity of

Wotherspoon's counsel, corroborated in every particular, and the whole

villany laid bare to open day.

The general result of the evidence against Lorimer showed that he had

selected Hislop to be an instrument of his atrocious designs chiefly on

account of his remarkable resemblance to Wotherspoon. That, still

further to heighten this deception, so as to deceive Bryce and his wife,

should they, as he expected they would, be confronted with

Wotherspoon--or foreseeing, in short, exactly what had happened with

regard to him--he had been at the trouble and expense of procuring for

Hislop a wig of exactly the same description with that worn by

Wotherspoon, and which was of rather a peculiar make and colour. That he

had selected a day for coming to Edinburgh, to execute that part of the

plot which was performed in Bryce's house, when he knew that Wotherspoon

was also in the city; and thus his villanous design was complete in all

its parts, and could only have been discovered through the treachery of

Hislop. His assertions were all positive, while Wotherspoon's were

necessarily all negative; and it is well known how much easier it is to

prove than to disprove; and of this Lorimer had the full advantage in

the case of the prosecution of the former.

At the desire of the Lord Advocate, the wig which Mr Wotherspoon wore

was placed on Hislop's head in court, the former being also present,

when Bryce and his wife were called in, and asked to say which of the

two was the Mr Wotherspoon they had seen with Lorimer; when both

without hesitation and at once, pointed out Hislop; that difference in

look and appearance--for, however like two persons may be, some

difference between them there always is--being evident, when they were

seen together under the circumstances just mentioned, which was scarcely

to be detected when they were seen separately by those who were not

previously acquainted with them individually and personally: and thus

the most fatal evidence of all that had been adduced against Wotherspoon

was in one instant rendered not only innocuous to him, but destructive

to his persecutor.

The result of Lorimer's trial will be foreseen by the reader. He was

condemned to death, and hanged in the Grassmarket of Edinburgh; while

Wotherspoon was dismissed from the bar with an unblemished character,

and with the sympathy of the whole court and the public at large, for

his unmerited sufferings.

Wotherspoon again became a wealthy man, and saw many happy years

afterwards; but often said that he would never again speak of forging

bills, as Lorimer had declared, after he was condemned to death, that it

was his having overheard his idle, but unguarded language on this

subject in the inn, that had suggested to him the plot which had so

nearly accomplished his destruction.

THE SURGEON'S TALES.

THE THREE LETTERS.

It is a difficult question how far doctors ought voluntarily to

interfere in matters of wills. One-half of our profession advocate the

moral necessity and propriety of not only putting their patients in such

a state of knowledge as to their bodily condition, as to bring out by

_inference_ the prudence of arranging their temporal affairs, but of

adding suggestions and recommendations to the effect of inducing them to

perform this indispensable duty, before the grim tyrant's advances may

render it impossible. The other half smile at their bolder and more

philanthropic brethren, as fools who interfere with what lies beyond

their province, and limit their statements or advice to those necessary

replies which are called for by the questions of the patients

themselves. Upon all such points, where the truth is sought for _in

partibus extremis_, much has been said, and will be said; and perhaps a

thousand years hence the profession and the public may be as far from

any simple designative proposition of the real moral truth of the

subjects, as they are at present. The fault lies in men's minds, which,

seeking eternally to generalise, lose sight of the grand fact in

nature--that, as in botany she defies man in his attempts at a natural

classification, so, in moral states and conditions of society, she

equally defies him to manufacture verbal rules for the regulation of

individuals or masses under all existing circumstances. For my part, I

have always avoided these verbose questions; and, though I have

practised for many years, I have never experienced any difficulty in so

regulating my statements and advices to dying patients, as might best

suit their temporal interests of health and wealth, without losing sight

of what was due to higher and more sacred feelings and prospects of a

world to come. To tell some patients that they are dying would be to

commit a species of homicide; to conceal from them the state of their

bodies, and their approaching dissolution, may be to be accessory to

worldly wrongs, to be felt for generations, and to that condemnation

that is to be felt for ever; but between those extremes there ranges a

wide field for the workings of prudence, an ample space for the exercise

of a noble and manly virtue, and scope enough and to spare for the

exhibition of all those elevated feelings of good hearts that add grace

and beauty to the possessors, and are displayed for the benefit of our

fellow-creatures. No man has so much in his power for the benefit of

mankind as a medical practitioner; and proud am I to say, that no man,

speaking generally, more seldom loses the opportunity of turning it to

the proper account. These observations are called forth by a case that,

some time ago, came under my observation, where the hand of a ruling

Providence spurned the schemes of weak mortals, and took the regulation

of a dying person's affairs out of her hands, in a manner as strange as

it is dark and mysterious.

Mrs Germain, a widow lady of fortune, sent her niece, a young woman

about twenty-three years of age, to request that I would visit her in my

professional capacity. The case, I was told, was not an urgent one, and

I might call at any time during the course of the day, as suited my

arrangements and leisure. I went, accordingly, in a short time

afterwards, and was introduced into a very splendid drawing-room, where

I observed an elderly lady, whom I took to be Mrs Germain herself,

reclining on a damask-covered couch, with the young person who had

waited on me sitting on a footstool by her side. The two individuals

were interesting in many respects, even at first sight. There was a

singular elegance of taste displayed in the dress, though a dishabille,

of the elderly one, which, co-operating with a set of features at one

time undoubtedly handsome, and now noble and intellectual, bespoke the

lady by birth, and one that had cultivated the art of making the body

and the mind reflect on each other mutual beauty and adornment. The

young one, whom I had seen before, but under the shade of a jealous

veil, was one of those _blondines_ so highly prized in French

novel-writing, and seldom seen in our country in the perfection of

contrast, of dark piercing eyes and light auburn tresses, so frequently

seen in France. She was also very elegantly attired; and the graceful

manner in which she reclined, with her left arm on the side of the

couch, and her right holding a richly-gilt book, from which she had been

reading to her aunt, produced an effect which an artist or a lover would

not have been slow to acknowledge. On a nearer approach, I soon

detected, in the composed and bland features of the elder, the delicate,

yet certain, touch of the finger of some latent, lurking disease; which,

by draining the blood from the lips, blanching the lower confines of the

temples, and depressing the globes of the eyes, had given a melancholy

premonition of serious changes about to be effected in vital parts.

Having been introduced by the niece, who rose and handed me a chair, I

sat down by the side of the couch, and received an account of the

symptoms which had exhibited themselves to the invalid; from which I

learned that she had been ailing for several months, but that no

indications of serious disease having been detected by her, she had put

off her application for medical advice from day to day, in the hope of

getting better. How little did she know that, during all that time, she

had been unconsciously, yet progressively, travelling the dark path of

death!--how little did she now know, as she lay there, arrayed in the

tasteful and costly decorations of the body--her face clothed with the

composure of easy indolence and the expression of noble pride, and her

soft languid eye lighted up with the hope of a long course of happiness

supplied from the resources of wealth--that death was busy with the

secret parts of her heart! I understood her complaint at the first

description of her symptoms--an aneurism or tumour in the region of the

fountain of life, which would burst in an instant, and precipitate her

in another moment into eternity.

Her complaint defies all the efforts of our profession, and it is,

moreover, one which never can with propriety be explained to a patient,

because there are few that have firmness enough to enable them to bear

up under the certainty of an instantaneous dissolution, and the

uncertainty of the dread moment. I therefore exercised that allowable

and humane dissimulation which the searching eyes of patients, or that

of friends, render necessary for their freedom and relief from fears

that would often kill as certainly as the disease which generates them.

This might not have been called for by any vigilance on the part of Mrs

Germain to read my face; she felt no apprehension, and put no questions

as to what I conceived to be the nature of her complaint. But I saw the

dark eyes of the niece fixed upon my countenance with a searching

intensity of look and solicitude of expression, which showed that, if

she could, she would have read the most secret thoughts of my heart.

There was affection deep and pure in that look, and the fear of the

bursting asunder of ties more dear to her than her own existence. She

continued her gaze silently, but thoughtfully; and the conversation of

her aunt, which, notwithstanding her weakness, was spirited and buoyant,

touching many indifferent topics lightly, and with the ease and grace of

high breeding and fine cultivated fancy, struck her ear without carrying

a meaning to her mind. I indulged the confidence of the patient, and

witnessed, with feelings which we only can know, the delusive spirit of

life flapping his golden-coloured wings round the heart whose citadel

was already occupied by the demon of death. Such scenes are familiar to

us; but there was something in this different from any I had yet

witnessed: and I took my departure with an assumed placidity of look,

while the inmost recesses of my spirit were convulsed by the laugh of

the patient, and the silent-brooding and fearful-searching eye of that

angelic being, whose existence seemed to be wound up in her friend.

Wilson's Tales of the Borders and of Scotland, Volume 12 · 第 14 / 21 段