An observer might have guessed that here was a couple who had had a blazing row resulting in the husband being banished from the house or who had taken himself off into the garden to lick his wounds. The lack of any communication between the two could be taken as confirmation of there being trouble at mill. Wrong.

James Muirhead had been up since 6.30 that morning, composing the speech he would deliver to the jury. It was an exercise which demanded total concentration and which normally caused him to retreat into himself. His wife was well used to the situation.

As the evidence in a trial evolved, Muirhead would note the aspects which were damaging to the Crown or helpful to the defence. These would provide the basis of his jury speech. There was no merit in trying to analyse all the evidence in minute detail. No point in reminding the jury of the material which tended to assist the Crown – unless you had a hell of a good response. Never try to explain away the inexplicable.

He would go over the evidence in his mind, again and again, selecting the parts he proposed to use and framing it for presentation. When he stood up to address a jury, he would have no prepared script. He would not even have the benefit of notes. He would try to talk to the jurors, not at them, in the hope of eliciting some response. As a student of body language he would study his audience as he spoke in an attempt to discover what was going on in their minds. If the response to a particular point seemed positive, he would pursue the matter. If the vibes were bad, he would move on to some other ground which would hopefully prove more fertile.

Fifteen on a jury. It was not his aim to convince them of his client’s innocence. He did not require to convince any of them of his client’s innocence. If he could create a doubt about his client’s guilt in the minds of eight of them, that would be sufficient. That would get the job done. Eight crucial votes.

The speech is the only opportunity counsel has to speak directly to a jury on behalf of his client. There is no telling in advance what the reception may be. Perhaps minds have been made up – one way or the other. It may be that the jurors are confused and require help to unravel the evidential intricacies. It may be that they are genuinely unsure and are open to persuasion.

In a few hours time Muirhead would find out whether his audience was receptive or otherwise. He glanced at his watch. 8.15. Time to go.

‘When you are ready, Advocate Depute.’

‘May it please your Lordship.’

Matthews walked to the jury clutching a black leather folder containing his papers. He placed it opened on a shelf in front of the jury box, bowed and began his speech.