“So great a concourse of people has perhaps not been seen”* at Edinburgh’s Grassmarket as assembled on this date in 1765 for the execution of Lieutenant Patrick Ogilvie.
It was, naturally, scandal that brought them out of the woodwork. Lt. Ogilvie’s older brother Thomas in January of that same 1765 had married a young woman named Katharine Nairn. She had barely half of Thomas’s 40 years.
Katharine soon took a shine to the more age-appropriate sibling, just back from his dashing adventures in the East Indies. Within weeks of the marriage, the two people closest to Thomas were making a fool of him in his very own home. Their eventual indictment charged Katharine and Patrick with “yielding to your inordinate desires … in the months of January, February, March, April, May, and June … at different times, and in one or other of the rooms of the house of Eastmiln, and in the out-houses adjacent thereto,” not to mention (we’re guessing during the warmer spring weather) “in the fields.”
Thomas himself seems to have been wise to the cuckoldry rather early on, but either from weakness or inclination made only token attempts to abate it. Great was the astonishment of the neighbors that Patrick wasn’t banned from the house or Katharine disallowed his company.
At length, Thomas died of poison. The suspicions were only natural.
In fact, maybe they were a little bit too natural.
It has been suspected that the true author of Thomas’s destruction and the lovers’ too was not their own unnatural passion but the greed of yet another party in the nest of family vipers living under the eldest brother’s roof: Anne Clark.
The lover of the youngest Ogilvie brother, Alexander, Anne was known as a woman of easy virtue, but she had regardless her sexual continence a potentially compelling motive to be rid of Thomas, or rid of Patrick, or both: as both Thomas and Patrick were childless, the family scandal figured to pour all the family’s estates into the puckish hands of her own man. Patrick and Katharine tried vainly to impugn her at trial as a malicious witness
So when Anne supplied a story that the lovers had openly quarreled with Thomas and even vowed in her presence to murder him — and when Anne plied the court with lurid accounts of creeping up the stairs to listen in on Patrick and Katharine romping in his alcove bed — do we hear the voice of a master villain? That reputed prostitute gave bodice-popping evidence at very great length against her incestuous would-be family —
Mrs. Ogilvie was frequently in a room by herself with the Lieutenant … upon Sunday the nineteenth day of May last, all the family went to church, excepting the two pannels and the deponent [Clarke] … the two pannels left the deponent in the low room, and went up stairs together to the east room above stairs … [and Clarke] in order to discover what was passing, went up the stair, and as the bed in the Lieutenant’s room was an alcove ed, the back of which came to the side of the stair, and there was nothing betwixt the bed and the stair, but a piece of plaster and the timber of the bed, so that a person standing in the stair could hear distinctly what passed in the bed, she stood and listened; and from the motions that she heard, is positive that they were in bed together, and abusing their bodies together, by which she means, they were lying carnally together.
You can read the whole of Anne Clark’s testimony among 130-odd pages of details from the proceedings here.
Ogilvie would hold to his innocence through multiple royal reprieves and all the way to the gallows. When the rope slipped on the first hanging attempt, he was not so daunted by the proximity of the eternal that he feared to repeat the claim: “I adhere to my former confession [profession of innocence], and die an innocent man.”
He also died alone.
His former paramour and possible confederate Katharine had delayed her hanging by pleading her belly — truthfully so, for it seemed that her many springtime frolics had in fact quickened her womb.
She delivered early in 1766 and was bound for execution a few weeks later. But Katharine’s wit supplied what crown sentiment would not and she slipped out of prison in the wardrobe of an old family servant one evening.** She had such a considerable head start before her absence was noted the next day that she reached London, hired a boat to the Netherlands, was blown back to Old Blighty by a gale, and hired another boat for Calais before anyone could catch up to her. She alit on French soil, and vanished into the safety of historical obscurity.
“Such were the different fates of two people, who, as far as we can judge of the affair, appear to have been involved in the same crime,” remarks the Newgate Calendar in an expansive vein. “The one dies, avowing his perfect innocence; the other escapes the immediate stroke of justice, which was suspended over her by the most slender thread.
“Mysterious are the ways of Providence, and, in the language of Scripture, ‘past finding out;’ but it is for mortals humbly to submit to all its dispensations.”
* London Gazetteer and New Daily Advertiser, Nov. 19, 1765.
** Hanoverian gaols had a major security hole where cross-dressing escapees were concerned.