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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 shall return
to my master's service。 But if it be known I shall fly； and take the crime
on me； and none dare pursue you！''
It was distinctly a determined affair of murder。 The loveliness of
Jean Livingstone has been so insisted upon in many Scottish ballads；＇2＇
and her conduct before her execution was so saintly； that one cannot help
wishing； even now； that she could have escaped the scaffold。 But there is
no doubt that； incited by the nurse； Janet Murdo； she set about having her
husband killed with a rancour which was very grim indeed。
＇2＇ A stanza in one ballad runs：
‘‘She has twa weel…made feet； Far better is her hand； She's
jimp about the middle As ony willy wand。''
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The reason for Jean's hatred of her husband appears in the dittay
against Robert Weir。 ‘‘Forasmuch；'' it runs； translated to modern terms；
as whilom Jean Livingstone； Goodwife of Warriston； having
conceived a deadly rancour； hatred； and malice against whilom John
Kincaid； of Warriston； for the alleged biting of her in the arm； and striking
her divers times； the said Jean； in the month of June； One Thousand Six
Hundred Years； directed Janet Murdo； her nurse； to the said Robert ＇Weir＇；
to the abbey of Holyroodhouse； where he was for the time； desiring him to
come down to Warriston； and speak with her； anent the cruel and unnatural
taking away of her said husband's life。
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 h