She Stands Accused Part 2

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 circ.u.mstantial 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 a.s.size 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.

II

Lady Warriston was found guilty, and four days after the murder, on the 5th of July, was taken to the Girth Cross of Holyrood, at the foot of the Canongate, and there decapitated by that machine which rather antic.i.p.ated the inventiveness of Dr Guillotin--"the Maiden." At the same time, four o'clock in the morning, Janet Murdo, the nurse, and one of the serving-women accused with her as accomplices were burned on the Castle Hill of the city.

There is something odd about the early hour at which the executions took place. The usual time for these affairs was much later in the day, and it is probable that the sentence against Jean ran that she should be executed towards dusk on the 4th of the month. The family of Dunipace, however, having exerted no influence towards saving the daughter of the house from her fate, did everything they could to have her disposed of as secretly and as expeditiously as possible. In their zeal to have done with the hapless girl who, they conceived, had blotted the family honour indelibly they were in the prison with the magistrates soon after three o'clock, quite indecent in their haste to see her on her way to the scaffold. In the first place they had applied to have her executed at nine o'clock on the evening of the 3rd, another unusual hour, but the application was turned down. The main idea with them was to have Jean done away with at some hour when the populace would not be expecting the execution. Part of the plan for privacy is revealed in the fact of the burning of the nurse and the "hyred woman" at four o'clock at the Castle Hill, nearly a mile away from the Girth Cross, so--as the Pitcairn Trials footnote says-"that the populace, who might be so early astir, should have their attentions distracted at two opposite stations... and thus, in some measure, lessen the disgrace of the public execution."

If Jean had any reason to thank her family it was for securing, probably as much on their own behalf as hers, that the usual way of execution for women murderers should be altered in her case to beheading by "the Maiden." Had she been of lesser rank she would certainly have been burned, after being strangled at a stake, as were her nurse and the serving-woman. This was the appalling fate reserved for convicted women[4] in such cases, and on conviction even of smaller crimes.

The process was even crueller in instances where the crime had been particularly atrocious. "The criminal," says the Pitcairn account of such punishment, "was 'brunt quick'!"

Altogether, the Dunipace family do not exactly shine with a good light as concerns their treatment of the condemned girl. Her father stood coldly aside. The quoted footnote remarks:

It is recorded that the Laird of Dunipace behaved with much apathy towards his daughter, whom he would not so much as see previous to her execution; nor yet would he intercede for her, through whose delinquency he reckoned his blood to be for ever dishonoured.

Jean herself was in no mind to be hurried to the scaffold as early as her relatives would have had her conveyed. She wanted (poor girl!) to see the sunrise, and to begin with the magistrates granted her request.

It would appear, however, that Jean's blood-relations opposed the concession so strongly that it was almost immediately rescinded. The culprit had to die in the grey dark of the morning, before anyone was likely to be astir.

In certain directions there was not a little heart-burning about the untimely hour at which it was manoeuvred the execution should be carried out. The writer of a Memorial, from which this piece of information is drawn, refrains very cautiously from mentioning the objectors by name.

But it is not difficult, from the colour of their objections, to decide that these people belonged to the type still known in Scotland as the 'unco guid.' They saw in the execution of this fair malefactor a moral lesson and a solemn warning which would have a salutary and uplifting effect upon the spectators.

"Will you," they asked the presiding dignitaries, and the blood-relations of the hapless Jean, "deprive G.o.d's people of that comfort which they might have in that poor woman's death? And will you obstruct the honour of it by putting her away before the people rise out of their beds? You do wrong in so doing; for the more public the death be, the more profitable it shall be to many; and the more glorious, in the sight of all who shall see it."

But perhaps one does those worthies an injustice in attributing cant motives to their desire that as many people as possible should see Jean die. It had probably reached them that the Lady Warriston's repentance had been complete, and that after conviction of her sin had come to her her conduct had been sweet and seemly. They were of their day and age, those people, accustomed almost daily to beheadings, stranglings, burnings, hangings, and dismemberings. With that dour, bitter, fire-and-brimstone religious conception which they had through Knox from Calvin, they were probably quite sincere in their belief that the public repentance Jean Livingstone was due to make from the scaffold would be for the "comfort of G.o.d's people." It was not so often that justice exacted the extreme penalty from a young woman of rank and beauty. With "dreadful objects so familiar" in the way of public executions, it was likely enough that pity in the commonalty was "choked with custom of fell deeds." Something out of the way in the nature of a dreadful object-lesson might stir the hearts of the populace and make them conscious of the Wrath to Come.

And Jean Livingstone did die a good death.

The Memorial[5] which I have mentioned is upon Jean's 'conversion' in prison. It is written by one "who was both a seer and hearer of what was spoken [by the Lady Warriston]." The editor of the Pitcairn Trials believes, from internal evidence, that it was written by Mr James Balfour, colleague of Mr Robert Bruce, that minister of the Kirk who was so contumacious about preaching what was practically a plea of the King's innocence in the matter of the Gowrie mystery. It tells how Jean, from being completely apathetic and callous with regard to religion or to the dreadful situation in which she found herself through her crime, under the patient and tender ministrations of her spiritual advisers, arrived at complete resignation to her fate and genuine repentance for her misdeeds.

Her confession, as filleted from the Memorial by the Pitcairn Trials, is as follows:

I think I shall hear presently the pitiful and fearful cries which he gave when he was strangled! And that vile sin which I committed in murdering my own husband is yet before me. When that horrible and fearful sin was done I desired the unhappy man who did it (for my own part, the Lord knoweth I laid never my hands upon him to do him evil; but as soon as that man gripped him and began his evil turn, so soon as my husband cried so fearfully, I leapt out over my bed and went to the Hall, where I sat all the time, till that unhappy man came to me and reported that mine husband was dead), I desired him, I say, to take me away with him; for I feared trial; albeit flesh and blood made me think my father's moen [interest] at Court would have saved me!

Well, we know what the Laird of Dunipace did about it.

"As to these women who was challenged with me," the confession goes on,

I will also tell my mind concerning them. G.o.d forgive the nurse, for she helped me too well in mine evil purpose; for when I told her I was minded to do so she consented to the doing of it; and upon Tuesday, when the turn was done, when I sent her to seek the man who would do it, she said, "I shall go and seek him; and if I get him not I shall seek another! And if I get none I shall do it myself!"

Here the writer of the Memorial interpolates the remark, "This the nurse also confessed, being asked of it before her death." It is a misfortune, equalling that of the lack of information regarding the character of Jean's husband, that there is so little about the character of the nurse. She was, it is to be presumed, an older woman than her mistress, probably nurse to Jean in her infancy. One can imagine her (the stupid creature!) up in arms against Kincaid for his treatment of her "bonny lamb," without the sense to see whither she was urging her young mistress; blind to the consequences, but "nursing her wrath" and striding purposefully from Warriston to Holyroodhouse on her strong plebeian legs, not once but several times, in search of Weir! What is known in Scotland as a 'limmer,' obviously.

"As for the two other women," Jean continues,

I request that you neither put them to death nor any torture, because I testify they are both innocent, and knew nothing of this deed before it was done, and the mean time of doing it; and that they knew they durst not tell, for fear; for I compelled them to dissemble. As for mine own part, I thank my G.o.d a thousand times that I am so touched with the sense of that sin now: for I confess this also to you, that when that horrible murder was committed first, that I might seem to be innocent, I laboured to counterfeit weeping; but, do what I could, I could not find a tear.

Of the whole confession that last is the most revealing touch. It is hardly just to fall into pity for Jean simply because she was young and lovely. Her crime was a bad one, much more deliberate than many that, in the same age, took women of lower rank in life than Jean to the crueller end of the stake. In the several days during which she was sending for Weir, but failing to have speech with him, she had time to review her intention of having her husband murdered. If the nurse was the prime mover in the plot Jean was an unrelenting abettor. It may have been in her calculations before, as well as after, the deed itself that the interest of her father and family at Court would save her, should the deed have come to light as murder. Even in these days, when justice is so much more seasoned with mercy to women murderers, a woman in Jean's case, with such strong evidence of premeditation against her, would only narrowly escape the hangman, if she escaped him at all. But that confession of trying to pretend weeping and being unable to find tears is a revelation. I can think of nothing more indicative of terror and misery in a woman than that she should want to cry and be unable to.

Your genuinely hypocritical murderer, male as well as female, can always work up self-pity easily and induce the streaming eye.

It is from internal evidences such as this that one may conclude the repentance of Jean Livingstone, as shown in her confession, to have been sincere. There was, we are informed by the memorialist, nothing maudlin in her conduct after condemnation. Once she got over her first obduracy, induced, one would imagine, by the shock of seeing the realization of what she had planned but never pictured, the murder itself, and probably by the desertion of her by her father and kindred, her repentance was "cheerful" and "unfeigned." They were tough-minded men, those Scots divines who ministered to her at the last, too stern in their theology to be misled by any pretence at finding grace. And no pretty ways of Jean's would have deceived them. The constancy of behaviour which is vouched for, not only by the memorialist but by other writers, stayed with her until the axe fell.

III

"She was but a woman and a bairn, being the age of twenty-one years,"

says the Memorial. But, "in the whole way, as she went to the place of execution, she behaved herself so cheerfully as if she had been going to her wedding, and not to her death. When she came to the scaffold, and was carried up upon it, she looked up to 'the Maiden' with two longsome looks, for she had never seen it before."

The minister-memorialist, who attended her on the scaffold, says that all who saw Jean would bear record with himself that her countenance alone would have aroused emotion, even if she had never spoken a word.

"For there appeared such majesty in her countenance and visage, and such a heavenly courage in her gesture, that many said, 'That woman is ravished by a higher spirit than a man or woman's!'"

As for the Declaration and Confession which, according to custom, Jean made from the four corners of the scaffold, the memorialist does not pretend to give it verbatim. It was, he says, almost in a form of words, and he gives the sum of it thus:

The occasion of my coming here is to show that I am, and have been, a great sinner, and hath offended the Lord's Majesty; especially, of the cruel murdering of mine own husband, which, albeit I did not with mine own hands, for I never laid mine hands upon him all the time that he was murdering, yet I was the deviser of it, and so the committer. But my G.o.d hath been always merciful to me, and hath given me repentance for my sins; and I hope for mercy and grace at his Majesty's hands, for his dear son Jesus Christ's sake. And the Lord hath brought me hither to be an example to you, that you may not fall into the like sin as I have done. And I pray G.o.d, for his mercy, to keep all his faithful people from falling into the like inconvenient as I have done! And therefore I desire you all to pray to G.o.d for me, that he would be merciful to me!

One wonders just how much of Jean's own words the minister-memorialist got into this, his sum of her confession. Her speech would be coloured inevitably by the phrasing she had caught from her spiritual advisers, and the sum of it would almost unavoidably have something of the memorialist's own fashion of thought. I would give a good deal to know if Jean did actually refer to the Almighty as "the Lord's Majesty,"

and hope for "grace at his Majesty's hands." I do not think I am being oversubtle when I fancy that, if Jean did use those words, I see an element of confusion in her scaffold confession--the trembling confusion remaining from a lost hope. As a Scot, I have no recollection of ever hearing the Almighty referred to as "the Lord's Majesty" or as "his Majesty." It does not ring naturally to my ear. Nor, at the long distance from which I recollect reading works of early Scottish divines, can I think of these forms being used in such a context. I may be--I very probably am--all wrong, but I have a feeling that up to the last Jean Livingstone believed royal clemency would be shown to her, and that this belief appears in the use of these unwonted phrases.

However that may be, Jean's conduct seems to have been heroic and unfaltering. She prayed, and one of her relations or friends brought "a clean cloath" to tie over her eyes. Jean herself had prepared for this operation, for she took a pin out of her mouth and gave it into the friend's hand to help the fastening. The minister-memorialist, having taken farewell of her for the last time, could not bear the prospect of what was about to happen. He descended from the scaffold and went away.