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 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.”

‘So far as I could see, all the world displayed the same exuberant richness as the Thames valley. From every hill I climbed I saw the same abundance of splendid buildings, endlessly varied in material and style, the same clustering thickets of evergreens, the same blossom-laden trees and tree-ferns. Here and there water shone like silver, and beyond, the land rose into blue undulating hills, and so faded into the serenity of the sky. A peculiar feature, which presently attracted my attention, was the presence of certain circular wells, several, as it seemed to me, of a very great depth. One lay by the path up the hill, which I had followed during my first walk. Like the others, it was rimmed with bronze, curiously wrought, and protected by a little cupola from the rain. Sitting by the side of these wells, and peering down into the shafted darkness, I could see no gleam of water, nor could I start any reflection with a lighted match. But in all of them I heard a certain sound: a thud-thud-thud, like the beating of some big engine; and I discovered, from the flaring of my matches, that a steady current of air set down the shafts. Further, I threw a scrap of paper into the throat of one, and, instead of fluttering slowly down, it was at once sucked swiftly out of sight.

‘After a time, too, I came to connect these wells with tall towers standing here and there upon the slopes; for above them there was often just such a flicker in the air as one sees on a hot day above a sun-scorched beach. Putting things together, I reached a strong suggestion of an extensive system of subterranean ventilation, whose true import it was difficult to imagine. I was at first inclined to associate it with the sanitary apparatus of these people. It was an obvious conclusion, but it was absolutely wrong.

‘And here I must admit that I learned very little of drains and bells and modes of conveyance, and the like conveniences, during my time in this real future. In some of these visions of Utopias and coming times which I have read, there is a vast amount of detail about building, and social arrangements, and so forth. But while such details are easy enough to obtain when the whole world is contained in one’s imagination, they are altogether inaccessible to a real traveller amid such realities as I found here. Conceive the tale of London which a negro, fresh from Central Africa, would take back to his tribe! What would he know of railway companies, of social movements, of telephone and telegraph wires, of the Parcels Delivery Company, and postal orders and the like? Yet we, at least, should be willing enough to explain these things to him! And even of what he knew, how much could he make his untravelled friend either apprehend or believe? Then, think how narrow the gap between a negro and a white man of our own times, and how wide the interval between myself and these of the Golden Age! I was sensible of much which was unseen, and which contributed to my comfort; but save for a general impression of automatic organization, I fear I can convey very little of the difference to your mind.