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 startling, methods 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.”

‘As the eastern sky grew brighter, and the light of the day came on and its vivid colouring returned upon the world once more, I scanned the view keenly. But I saw no vestige of my white figures. They were mere creatures of the half light. “They must have been ghosts,” I said; “I wonder whence they dated.” For a queer notion of Grant Allen’s came into my head, and amused me. If each generation die and leave ghosts, he argued, the world at last will get overcrowded with them. On that theory they would have grown innumerable some Eight Hundred Thousand Years hence, and it was no great wonder to see four at once. But the jest was unsatisfying, and I was thinking of these figures all the morning, until Weena’s rescue drove them out of my head. I associated them in some indefinite way with the white animal I had startled in my first passionate search for the Time Machine. But Weena was a pleasant substitute. Yet all the same, they were soon destined to take far deadlier possession of my mind.

‘I think I have said how much hotter than our own was the weather of this Golden Age. I cannot account for it. It may be that the sun was hotter, or the earth nearer the sun. It is usual to assume that the sun will go on cooling steadily in the future. But people, unfamiliar with such speculations as those of the younger Darwin, forget that the planets must ultimately fall back one by one into the parent body. As these catastrophes occur, the sun will blaze with renewed energy; and it may be that some inner planet had suffered this fate. Whatever the reason, the fact remains that the sun was very much hotter than we know it.

‘Well, one very hot morning—my fourth, I think—as I was seeking shelter from the heat and glare in a colossal ruin near the great house where I slept and fed, there happened this strange thing: Clambering among these heaps of masonry, I found a narrow gallery, whose end and side windows were blocked by fallen masses of stone. By contrast with the brilliancy outside, it seemed at first impenetrably dark to me. I entered it groping, for the change from light to blackness made spots of colour swim before me. Suddenly I halted spellbound. A pair of eyes, luminous by reflection against the daylight without, was watching me out of the darkness.

‘The old instinctive dread of wild beasts came upon me. I clenched my hands and steadfastly looked into the glaring eyeballs. I was afraid to turn. Then the thought of the absolute security in which humanity appeared to be living came to my mind. And then I remembered that strange terror of the dark. Overcoming my fear to some extent, I advanced a step and spoke. I will admit that my voice was harsh and ill-controlled. I put out my hand and touched something soft. At once the eyes darted sideways, and something white ran past me. I turned with my heart in my mouth, and saw a queer little ape-like figure, its head held down in a peculiar manner, running across the sunlit space behind me. It blundered against a block of granite, staggered aside, and in a moment was hidden in a black shadow beneath another pile of ruined masonry.