We shook hands. I think there were tears in both our eyes as we parted. This humane Governor had taught me that Oscar's gentleness and kindness—his sweetness of nature—would win all hearts if it had time to make itself known. Yet there he was in prison. His face and figure came before me again and again: the unshaven face; the frightened, sad air; the hopeless, toneless voice. The cleanliness even of the bare hard room was ugly; the English are foolish enough to degrade those they punish. Revolt was blazing in me.
As I went away I looked up at the mediæval castellated gateway of the place, and thought how perfectly the architecture suited the spirit of the institution. The whole thing belongs to the middle ages, and not to our modern life. Fancy having both prison and hospital side by side; indeed a hospital even in the prison; torture and lovingkindness; punishment and pity under the same roof. What a blank contradiction and stupidity. Will civilisation never reach humane ideals? Will men always punish most severely the sins they do not understand and which hold for them no temptation? Did Jesus suffer in vain?
Oscar Wilde was committed on the 19th of April; a "true bill" was found against him by the grand jury on the 24th; and, as the case was put down for trial at the Old Bailey almost immediately, a postponement was asked for till the May sessions, on the ground first that the defence had not had time to prepare their case and further, that in the state of popular feeling at the moment, Mr. Wilde would not get a fair and impartial trial. Mr. Justice Charles, who was to try the case, heard the application and refused it peremptorily: "Any suggestion that the defendant would not have a fair trial was groundless," he declared; yet he knew better. In his summing up of the case on May 1st he stated that "for weeks it had been impossible to open a newspaper without reading some reference to the case," and when he asked the jury not to allow "preconceived opinions to weigh with them" he was admitting the truth that every newspaper reference was charged with dislike and contempt of Oscar Wilde. A fair trial indeed!
The trial took place at the Old Bailey, three days later, April 27th, 1895, before Mr. Justice Charles. Mr. C.F. Gill and A. Gill with Mr. Horace Avory appeared for the Public Prosecutor. Mr. Wilde was again defended by Sir Edward Clarke, Mr. Charles Mathews and Mr. Travers Humphreys, while Mr. J.P. Grain and Mr. Paul Taylor were counsel for the other prisoner. The trial began on a Saturday and the whole of the day was taken up with a legal argument. I am not going to give the details of the case. I shall only note the chief features of it and the unfairness which characterised it.
Sir Edward Clarke pointed out that there was one set of charges under the Criminal Law Amendment Act and another set of charges of conspiracy. He urged that the charges of conspiracy should be dropped. Under the counts alleging conspiracy, the defendants could not be called on as witnesses, which put the defence at a disadvantage. In the end the Judge decided that there were inconveniences; but he would not accede to Sir Edward Clarke's request. Later in the trial, however, Mr. Gill himself withdrew the charges of conspiracy, and the Judge admitted explicitly in his summing up that, if he had known the evidence which was to be offered, he would not have allowed these charges of conspiracy to be made. By this confession he apparently cleared his conscience just as Pilate washed his hands. But the wrong had already been done. Not only did this charge of conspiracy embarrass the defence, but if it had never been made, as it should never have been made, then Sir Edward Clarke would have insisted and could have insisted properly that the two men should be tried separately, and Wilde would not have been discredited by being coupled with Taylor, whose character was notorious and who had already been in the hands of the police on a similar charge.
This was not the only instance of unfairness in the conduct of the prosecution. The Treasury put a youth called Atkins in the box, thus declaring him to be at least a credible witness; but Atkins was proved by Sir Edward Clarke to have perjured himself in the court in the most barefaced way. In fact the Treasury witnesses against Wilde were all blackmailers and people of the lowest character, with two exceptions. The exceptions were a boy named Mavor and a youth named Shelley. With regard to Mavor the judge admitted that no evidence had been offered that he could place before the jury; but in his summing up he was greatly affected by the evidence of Shelley. Shelley was a young man who seemed to be afflicted with a species of religious mania. Mr. Justice Charles gave great weight to his testimony. He invited the jury to say that "although there was, in his correspondence which had been read, evidence of excitability, to talk of him as a young man who did not know what he was saying was to exaggerate the effect of his letters." He went on to ask with much solemnity: "Why should this young man have invented a tale, which must have been unpleasant to him to present from the witness box?"
In the later trial before Mr. Justice Wills the Judge had to rule out the evidence of Shelley in toto, because it was wholly without corroboration. If the case before Mr. Justice Charles had not been confused with the charges of conspiracy, there is no doubt that he too would have ruled out the evidence of Shelley, and then his summing up must have been entirely in favour of Wilde.
The singular malevolence of the prosecution also can be estimated by their use of the so-called "literary argument." Wilde had written in a magazine called The Chameleon. The Chameleon contained an immoral story, with which Wilde had nothing to do, and which he had repudiated as offensive. Yet the prosecution tried to make him responsible in some way for the immorality of a writing which he knew nothing about.
Wilde had said two poems of Lord Alfred Douglas were "beautiful." The prosecution declared that these poems were in essence a defence of the vilest immorality, but is it not possible for the most passionate poem, even the most vicious, to be "beautiful"? Nothing was ever written more passionate than one of the poems of Sappho. Yet a fragment has been selected out and preserved by the admiration of a hundred generations of men. The prosecution was in the position all the time of one who declared that a man who praised a nude picture must necessarily be immoral. Such a contention would be inconceivable in any other civilised country. Even the Judge was on much the same intellectual level. It would not be fair, he admitted, to condemn a poet or dramatic writer by his works and he went on: