The Heart of Mid-Lothian, Complete by Walter Scott (books to read in your 20s txt) 📕

In the event of these tales ever finding their way across the Border, it may be proper to apprise the southern reader that it is the practice in Scotland, on apprehending a suspected person, to subject him to a judicial examination before a magistrate. He is not compelled to answer any of the questions asked of him, but may remain silent if he sees it his interest to do so. But whatever answers he chooses to give are formally written down, and being subscribed by himself and the magistrate, are produced against the accused in case of his being brought to trial. It is true, that these declarations are not produced as being in themselves evidence properly so called, but only as adminicles of testimony, tending to corroborate what is considered as legal and proper evidence. Notwithstanding this nice distinction, however, introduced by lawyers to reconcile this procedure to their own general rule, that a man cannot be required to bear witness against himself, it nevertheless usually happens that these declarations become the means of condemning the accused, as it were, out of their own mouths. The prisoner, upon these previous examinations, has indeed the privilege of remaining silent if he pleases; but every man necessarily feels that a refusal to answer natural and pertinent interrogatories, put by judicial authority, is in itself a strong proof of guilt, and will certainly lead to his being committed to prison; and few can renounce the hope of obtaining liberty by giving some specious account of themselves, and showing apparent frankness in explaining their motives and accounting for their conduct. It, therefore, seldom happens that the prisoner refuses to give a judicial declaration, in which, nevertheless, either by letting out too much of the truth, or by endeavouring to substitute a fictitious story, he almost always exposes himself to suspicion and to contradictions, which weigh heavily in the minds of the jury.

The declaration of Effie Deans was uttered on other principles, and the following is a sketch of its contents, given in the judicial form, in which they may still be found in the Books of Adjournal.

The declarant admitted a criminal intrigue with an individual whose name she desired to conceal. “Being interrogated, what her reason was for secrecy on this point? She declared, that she had no right to blame that person’s conduct more than she did her own, and that she was willing to confess her own faults, but not to say anything which might criminate the absent. Interrogated, if she confessed her situation to any one, or made any preparation for her confinement? Declares, she did not. And being interrogated, why she forbore to take steps which her situation so peremptorily required? Declares, she was ashamed to tell her friends, and she trusted the person she has mentioned would provide for her and the infant. Interrogated if he did so? Declares, that he did not do so personally; but that it was not his fault, for that the declarant is convinced he would have laid down his life sooner than the bairn or she had come to harm. Interrogated, what prevented him from keeping his promise? Declares, that it was impossible for him to do so, he being under trouble at the time, and declines farther answer to this question. Interrogated, where she was from the period she left her master, Mr. Saddletree’s family, until her appearance at her father’s, at St. Leonard’s, the day before she was apprehended? Declares, she does not remember. And, on the interrogatory being repeated, declares, she does not mind muckle about it, for she was very ill. On the question being again repeated, she declares, she will tell the truth, if it should be the undoing of her, so long as she is not asked to tell on other folk; and admits, that she passed that interval of time in the lodging of a woman, an acquaintance of that person who had wished her to that place to be delivered, and that she was there delivered accordingly of a male child. Interrogated, what was the name of that person? Declares and refuses to answer this question. Interrogated, where she lives? Declares, she has no certainty, for that she was taken to the lodging aforesaid under cloud of night. Interrogated, if the lodging was in the city or suburbs? Declares and refuses to answer that question. Interrogated, whether, when she left the house of Mr. Saddletree, she went up or down the street? Declares and refuses to answer the question. Interrogated, whether she had ever seen the woman before she was wished to her, as she termed it, by the person whose name she refuses to answer? Declares and replies, not to her knowledge. Interrogated, whether this woman was introduced to her by the said person verbally, or by word of mouth? Declares, she has no freedom to answer this question. Interrogated, if the child was alive when it was born? Declares, that—God help her and it!—it certainly was alive. Interrogated, if it died a natural death after birth? Declares, not to her knowledge. Interrogated, where it now is? Declares, she would give her right hand to ken, but that she never hopes to see mair than the banes of it. And being interrogated, why she supposes it is now dead? the declarant wept bitterly and made no answer. Interrogated, if the woman, in whose lodging she was, seemed to be a fit person to be with her in that situation? Declares, she might be fit enough for skill, but that she was an hard-hearted bad woman. Interrogated, if there was any other person in the lodging excepting themselves two? Declares, that she thinks there was another woman; but her head was so carried with pain of body and trouble of mind, that she minded her very little. Interrogated, when the child was taken away from her? Declared that she fell in a fever, and was light-headed, and when she came to her own mind, the woman told her the bairn was dead; and that the declarant answered, if it was dead it had had foul play. That, thereupon, the woman was very sair on her, and gave her much ill language; and that the deponent was frightened, and crawled out of the house when her back was turned, and went home to Saint Leonard’s Crags, as well as a woman in her condition dought.*

* i.e. Was able to do.

Interrogated, why she did not tell her story to her sister and father, and get force to search the house for her child, dead or alive? Declares, it was her purpose to do so, but she had not time. Interrogated, why she now conceals the name of the woman, and the place of her abode? The declarant remained silent for a time, and then said, that to do so could not repair the skaith that was done, but might be the occasion of more. Interrogated, whether she had herself, at any time, had any purpose of putting away the child by violence? Declares, never; so might God be merciful to her—and then again declares, never, when she was in her perfect senses; but what bad thoughts the Enemy might put into her brain when she was out of herself, she cannot answer. And again solemnly interrogated, declares, that she would have been drawn with wild horses, rather than have touched the bairn with an unmotherly hand. Interrogated, declares, that among the ill-language the woman gave her, she did say sure enough that the declarant had hurt the bairn when she was in the brain fever; but that the declarant does not believe that she said this from any other cause than to frighten her, and make her be silent. Interrogated, what else the woman said to her? Declares, that when the declarant cried loud for her bairn, and was like to raise the neighbours, the woman threatened her, that they that could stop the wean’s skirling would stop hers, if she did not keep a’ the founder.*

* i.e. The quieter.

And that this threat, with the manner of the woman, made the declarant conclude,