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 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 startling, methods of arriving at the 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 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 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 dun coloured,” a costume referred to by one of the counsel as “French cloathes which were remarkable.”

‘But with this recovery of a prompt retreat my courage recovered. I looked more curiously and less fearfully at this world of the remote future. In a circular opening, high up in the wall of the nearer house, I saw a group of figures clad in rich soft robes. They had seen me, and their faces were directed towards me.

‘Then I heard voices approaching me. Coming through the bushes by the White Sphinx were the heads and shoulders of men running. One of these emerged in a pathway leading straight to the little lawn upon which I stood with my machine. He was a a slight creature—perhaps four feet high—clad in a purple tunic, girdled at the waist with a leather belt. Sandals or buskins—I could not clearly distinguish which—were on his feet; his legs were bare to the knees, and his head was bare. Noticing that, I noticed for the first time how warm the air was.

‘He struck me as being a very beautiful and graceful creature, but indescribably frail. His flushed face reminded me of the more beautiful kind of consumptive—that hectic beauty of which we used to hear so much. At the sight of him I suddenly regained confidence. I took my hands from the machine.

‘In another moment we were standing face to face, I and this fragile thing out of futurity. He came straight up to me and laughed into my eyes. The absence from his bearing of any sign of fear struck me at once. Then he turned to the two others who were following him and spoke to them in a strange and very sweet and liquid tongue.

‘There were others coming, and presently a little group of perhaps eight or ten of these exquisite creatures were about me. One of them addressed me. It came into my head, oddly enough, that my voice was too harsh and deep for them. So I shook my head, and, pointing to my ears, shook it again. He came a step forward, hesitated, and then touched my hand. Then I felt other soft little tentacles upon my back and shoulders. They wanted to make sure I was real. There was nothing in this at all alarming. Indeed, there was something in these pretty little people that inspired confidence—a graceful gentleness, a certain childlike ease. And besides, they looked so frail that I could fancy myself flinging the whole dozen of them about like nine-pins. But I made a sudden motion to warn them when I saw their little pink hands feeling at the Time Machine. Happily then, when it was not too late, I thought of a danger I had hitherto forgotten, and reaching over the bars of the machine I unscrewed the little levers that would set it in motion, and put these in my pocket. Then I turned again to see what I could do in the way of communication.

‘And then, looking more nearly into their features, I saw some further peculiarities in their Dresden-china type of prettiness. Their hair, which was uniformly curly, came to a sharp end at the neck and cheek; there was not the faintest suggestion of it on the face, and their ears were singularly minute. The mouths were small, with bright red, rather thin lips, and the little chins ran to a point. The eyes were large and mild; and—this may seem egotism on my part—I fancied even that there was a certain lack of the interest I might have expected in them.