 On 18 March 1889 , Bury was arraigned for the murder of his wife ; he entered a plea of not guilty . The trial was seen before Lord Young in the High Court of Justiciary on 28 March . Bury 's defence team comprised solicitor David Tweedie and barrister William Hay ; the prosecution was led by advocate deputy Dugald or Dill McKechnie . The hearing lasted 13 hours . The prosecution witnesses included Ellen 's sister Margaret Corney , William 's former employer James Martin , the Burys ' London landlady Elizabeth Haynes , William 's drinking partner David Walker , Lieutenant Lamb and Drs Templeman and Littlejohn . After a break for supper , Hay presented the defence case , which was heavily dependent on Dr Lennox 's testimony that Ellen had strangled herself . At 10 : 05 p.m. , Lord Young finished his summation , and the jury of 15 men retired to consider their verdict . After 25 minutes , the jury returned with a verdict of guilty with a recommendation for mercy . Lord Young asked the jury why they recommended mercy , and one of them replied that the medical evidence was contradictory , referring to Lennox 's testimony . Dundee had a history of opposition to the death penalty , and the jury may have been trying to avoid passing a death sentence . Young told the jury to retire and reconsider their verdict until they were decided by the evidence one way or another . At 10 : 40 p.m. , they returned with a unanimous verdict of guilty . Lord Young passed the mandatory sentence for murder : death by hanging . 
