lies, isnât it, the story of an accidental death and a sexual attack? Jimmy turns out, rather to my surprise, to be an intelligent witness, perhaps too intelligent. He can see the rocks ahead. He sticks to his story, although some strange facts emerge. He wrote the letter in blood to frighten a girl he didnât like, but it seems to have frightened her not at all. He says heâd never heard of buggery until he got to England and then âa queer told meâ. He appears strangely innocent and prudish and doesnât know that the word âcomeâ means to have an orgasm. He says he made his statement to the police in a hurry because he wanted his cherry-coloured corduroy trousers back. He told some lies in it in order not to involve the friends heâd told about the killing. âYou lied to save your friends. Didnât you also lie to save yourself?â The prosecutor sits down, well satisfied, without waiting for the answer.
The defence is always at its highest point at the end of the prosecution case, at its lowest after the accused has given evidence. Jimmy hasnât made any obvious mistakes, in fact heâs done rather well, but weâve got no evidence to support the story of violent soliciting by night. Thereâs plenty of evidence against Jimmy, none at all against Charles Wistey. And then Paul, whoâs been outside the court, comes back in a state of high excitement with a piece of paper in his hand. This is what can be said, he tells me, by a surprise witness, a deus ex machina who has arrived from nowhere and wants to give evidence. âFor Godâs sake,â Paul whispers deafeningly, âget him into the witness-box before the bugger changes his mind!â
Our unlooked-for, unhoped-for witness turns out to be a model of credibility, a medical student about to do his finals and also engaged to be married. Heâd read about our case in the Daily Mirror and decided to come and tell the court about his own experience. Heâd been walking home late at night in Earls Court when a well-built, upper-class young man solicited him, pursued him into a doorway and urgently demanded sex. Heâs able to recognize the photograph of Wistey. No, he has no doubt about it at all. The advocate is frequently taken by surprise in the course of a case and has to hide the fact; itâs particularly unnerving to discover that your client may have been telling nothing but the truth.
The final speech has always been the part I most enjoyed. You donât have to flatter the judge or risk unexpected answers from witnesses. You can form a relationship, a very temporary friendship even, with twelve people you hope to persuade to uncertainty. You can choose those members of the jury you feel are sympathetic and build up their confidence, or you can concentrate on those who have sat po-faced and disapproving and hope to convert them, or at least make them smile. Itâs also the best part because the end is in sight, the blessed moment when youâve done all you can and the responsibility is no longer yours. I try to make them remember that Jimmy OâNeillâs life will be changed for ever by what they decide, long after everyone else in court has forgotten what his case was all about.
And now the deep, growling voice comes from the bench, fair, moderate, still somewhat puzzled. âThis is a strange, unfamiliar world to us, members of the jury,â the judge tells them, as though Earls Court were in darkest Africa, thousands of miles from the tennis at Wimbledon. Jimmy is listening, pale and intense, as the judge dismisses the suggestion that he was buggered and accepts that Wistey pursued him with lecherous intent. âThat young man was on the prowl in Earls Court,â he says. Itâs twenty to twelve when he finishes, the jury file out in solemn silence and Paul and I go up to the Old Bailey canteen to wait and drink coffee.
This is the worst part. You