The evidence of the Queensberry trial was read and therewith the case was closed for the Crown.
Sir Edward Clarke rose and submitted that there was no case to go to the jury on the general counts.

After a long legal argument for and against, Mr.Justice Wills said that he would reserve the question for the Court of Appeal.

The view he took was that "the evidence was of the slenderest kind"; but he thought the responsibility must be left with the jury.

To this judge "the slenderest kind" of evidence was worthful so long as it told against the accused.
Sir Edward Clarke then argued that the cases of Shelley, Parker and Wood failed on the ground of the absence of corroboration.

Mr.
Justice Wills admitted that Shelley showed "a peculiar exaltation" of mind; there was, too, mental derangement in his family, and worst of all there was no corroboration of his statements.