Now it appeared that Shelley's evidence should never have been taken at all, that the jury ought never to have heard Shelley's testimony or the Judge's acceptance of it!
. . . . . . .
When the court opened next morning I knew that the whole case depended on Oscar Wilde, and the showing he would make in the box, but alas! he was broken and numbed. He was not a fighter, and the length of this contest might have wearied a combative nature. The Solicitor-General began by examining him on his letters to Lord Alfred Douglas and we had the "prose poem" again and the rest of the ineffable nonsensical prejudice of the middle-class mind against passionate sentiment. It came out in evidence that Lord Alfred Douglas was now in Calais. His hatred of his father was the "causa causans" of the whole case; he had pushed Oscar into the fight and Oscar, still intent on shielding him, declared that he had asked him to go abroad.
Sir Edward Clarke again did his poor best. He pointed out that the trial rested on the evidence of mere blackmailers. He would not quarrel with that and discuss it, but it was impossible not to see that if blackmailers were to be listened to and believed, their profession might speedily become a more deadly mischief and danger to society than it had ever been.
The speech was a weak one; but the people in court cheered Sir Edward Clarke; the cheers were immediately suppressed by the Judge.
The Solicitor-General took up the rest of the day with a rancorous reply. Sir Edward Clarke even had to remind him that law officers of the Crown should try to be impartial. One instance of his prejudice may be given. Examining Oscar as to his letters to Lord Alfred Douglas, Sir Frank Lockwood wanted to know whether he thought them "decent"?
The witness replied, "Yes."
"Do you know the meaning of the word, sir?" was this gentleman's retort.
I went out of the court feeling certain that the case was lost. Oscar had not shown himself at all; he had not even spoken with the vigour he had used at the Queensberry trial. He seemed too despairing to strike a blow.
The summing up of the Judge on May 25th was perversely stupid and malevolent. He began by declaring that he was "absolutely impartial," though his view of the facts had to be corrected again and again by Sir Edward Clarke: he went on to regret that the charge of conspiracy should have been introduced, as it had to be abandoned. He then pointed out that he could not give a colourless summing up, which was "of no use to anybody." His intelligence can be judged from one crucial point: he fastened on the fact that Oscar had burnt the letters which he bought from Wood, which he said were of no importance, except that they concerned third parties. The Judge had persuaded himself that the letters were indescribably bad, forgetting apparently that Wood or his associates had selected and retained the very worst of them for purposes of blackmail and that this Judge himself, after reading it, couldn't attribute any weight to it; still he insisted that burning the letters was an act of madness; whereas it seemed to everyone of the slightest imagination the most natural thing in the world for an innocent man to do. At the time Oscar burnt the letters he had no idea that he would ever be on trial. His letters had been misunderstood and the worst of them was being used against him, and when he got the others he naturally threw them into the fire. The Judge held that it was madness, and built upon this inference a pyramid of guilt. "Nothing said by Wood should be believed, as he belongs to the vilest class of criminals; the strength of the accusation depends solely upon the character of the original introduction of Wood to Wilde as illustrated and fortified by the story with regard to the letters and their burning."