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‘queens' and other honorifics in application to the lost men and women
with whom such works must treat。 There is no romance in crime。
Romance is life gilded； life idealized。 Crime is never anything but a
sordid business； demonstrably poor in reward to its practitioners。
But； sordid or not； crime has its human interest。 Its practitioners are
still part of life； human beings； different from law…abiding humanity by
God…alone…knows…what freak of heredity or kink in brain convolution。 I
will not ask the reader； as an excuse for my book； to view the criminal
with the thought attributed to John Knox：
‘‘There； but for the Grace of God； goes '' Because the phrase
might as well be used in contemplation of John D。 Rockefeller or
Augustus John or Charlie Chaplin or a man with a wooden leg。 I do not
ask that you should pity these women with whom I have to deal； still less
that you should contemn them。 Something between the two will serve。
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I write the book because I am interested in crime myself； and in the hope
that you'll like the reading as much as I like the writing of it。
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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 laternamely； 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
Gowrieit 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
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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
servingwomen。
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
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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 s