The Morning Post - Wednesday, May 1, 1895

At the Central Criminal Court yesterday, before Mr. Justice Charles, the trial was resumed of Oscar Wilde, 40, author, and Alfred Taylor, 33, of no occupation, on an indictment charging them with certain misdemeanours.

Sir. C. F. Gill and Mr. H. Avory prosecuted on behalf of the Treasury; Sir Edward Clarke, Q.C, Mr. Charles Mathews, and Mr. Travers Humphreys defended Oscar Wilde; Mr. J. P. Grain and Mr. Paul Taylor defended Alfred Taylor.

Mr. C. F. Gill intimated that he intended to withdraw from the Jury the counts of the indictment for conspiracy. This course would enable his learned friend, Sir Edward Clarke, to put Oscar Wilde in the witness-box.

Mr. Justice Charles said that after the evidence that had been given, he thought that there was not anything to support the counts for the alleged conspiracy.

Sir Edward Clarke said that had he known that the Crown intended to withdraw the conspiracy counts, he should have applied for the trial of his client to be taken separately.

Sir Edward Clarke, in his address to the Jury, on behalf of Oscar Wilde, commented in strong terms on the adverse criticism of a certain portion of the Press on the case affecting his client. It was grossly unfair to an accused person, calculated to imperil the administration of justice, and in the highest degree prejudicial to the case of his client, and disgraceful. In some respects the importing into the case of matters for which Mr. Wilde was not in the least responsible was an unfair proceeding on the part of the prosecution. He invited the Jury to discard every element of prejudice, and to judge the conduct of his client in a fair and impartial manner. Could they believe that, if he were a guilty man, Mr. Wilde would have faced such accusations in a Court, and have invited, as he had done, the fullest inquiry into his relations with the different persons brought forward for the purposes of this prosecution? It was impossible that the Jury could believe the testimony adduced, it being in the highest degree improbable that Mr. Wilde misconducted himself. He gave an unqualified denial to the whole of the accusations. After hearing Mr. Wilde's denial on oath he ventured to think that if any doubt existed in the minds of the Jury as to the guilt or the innocence of Mr. Wilde, it would be at once removed.

Oscar Wilde gave a denial on oath to all the allegations made against him.

Alfred Taylor, called by Mr. Grain, gave also an entire denial to the charges against him. He was, he said, educated at Marlborough, his late father being connected with a very large business. When he came of age he received a legacy of £45,000.

Sir Edward Clarke, continuing his speech, commented on the literature branch of the case, and said that the importance put upon it by the Crown was unwarranted, for Mr. Wilde was not the author, or in any way responsible for its production. The courage that he had shown in facing the charges from the first was in favour of the theory of his innocence. He dealt at some length with the various points in the evidence against his client, and urged the Jury to disregard altogether, as unworthy of belief, the testimony of the tainted witnesses. Did the Jury believe that such evidence was honest and entitled to be regarded as true? They were dealing with matters which happened a long time ago, and in respect of which it was impossible to produce evidence beyond Mr. Wilde's positive denial. He asked the Jury to allow their judgment to be affected only with regard to testimony that was reliable, to guard themselves from the prejudice which floated about the case, but which he trusted had to some extent been dissipated, and to apply their minds to the test to be put upon the evidence. If they did this, he trusted that the the result would be to gratify a thousand hopes, and to release one of the most renowned and accomplished men of letters of to-day from a most grave charge and to clear society of a stain.

Mr. Grain, in defence of Taylor, argued that the evidence of the principal witnesses was tainted and wholly uncorroborated, and that under all the circumstances, as the testimony of these persons was unreliable, it was impossible for the Jury to convict; and, therefore, he asked for an acquittal of Taylor. The case against him rested solely on the statements of a set of blackmailers and on prejudice.

Mr. Gill replied on behalf of the Crown. The trial was adjourned until to-day, when the learned Judge will sum up.

The Times - Saturday, April 27, 1895

OSCAR WILDE, 40, author, and ALFRED TAYLOR, 33, were indicted under Section 11 of the Criminal Law Amendment Act for the commission of acts of gross indecency, some of the counts charging Taylor with procuring the commission of those acts, and there were other counts charging the prisoners with conspiring together to commit and to procure the commission of those acts, the charge being one of misdemeanour

The greatest interest was taken into the case, the Court being crowded.

Mr. C.F. Gill and Mr. Horace Avory conducted the prosecution on the part of the Director of Public Prosecutions; Sir Edward Clarke, Q.C., Mr. Charles Mathews, and Mr. Travers Humphreys defended Wilde, and Mr. J.P. Grain and Mr. Paul Taylor defended Taylor. Mr. Leonard Kershaw held a watching brief.

Before the defendants were called upon to plead to the indictment,

SIR EDWARD CLARK submitted that they could not be called upon to plead to it. There were 25 counts in the indictment, some of them alleging the commission of acts under Section 11 of the Criminal Law Amendment Act, 1885, and there were other counts charging the procuring of the commission of those acts, and also counts charging the defendants with conspiring to do those acts. Upon the charges of the commission of those acts and the procuring of the commission of those acts the defendants were by the provisions of the Criminal Law Amendment Act, 1885, competent witnesses, but upon the charge of conspiracy they were not competent witnesses. In these circumstances he submitted that the defendants could not be called upon to plead to the indictment, as on one set of charges contained in it they were competent witnesses, while on the other set of charges contained in it they could not be competent witnesses. He therefore demurred to the indictment as containing inconsistent counts.

Mr. C.F. GILL said that the prisoners were charged in the indictment with committing acts under Section 11 of the Criminal Law Amendment Act, 1885, and they were clearly available witnesses if they desired to give evidence with regard to those charges. The only other charges in the indictment were charges of agreement to commit the acts which they were charged with committing under Section 11 of the Criminal Law Amendment Act, 1885.

MR. JUSTICE CHARLES said the question of substance was whether the counts could be lawfully joined, having regard to the present state of the law, in the same indictment. Unquestionably, prior to the passing of the Criminal Law Amendment Act, 1885, counts for substantive misdemeanours and conspiracies to commit them might be lawfully joined, although, if justice should require it, the prosecution might be called upon to elect on which counts they would proceed. Could they be lawfully joined now? Had it made any difference in criminal pleading that on some of the counts defendants were competent witnesses and on others they were not? He was unable to agree with Sir Edward Clarke's view. He himself thought that, although the Legislature had prescribed that with reference to offences under the Criminal Law Amendment Act, 1885, defendants were competent witnesses, that circumstance had not altered the general law with reference to the joinder of counts for misdemeanour. Although he felt the inconvenience of the present state of things, he did not think the fact that the prisoners were competent witnesses on some of the counts and were not competent witnesses on the other counts authorized him to say that by law those counts could not be joined in the same indictment.

The prisoners pleaded "Not guilty."

SIB EDWARD CLARKE then asked Mr. Justice Charles to put the prosecution to the election whether they would proceed on the counts for conspiracy or on the other counts.

MR. JUSTICE CHARLES said he did not think he would be justified in putting the prosecution to the election on which counts they would proceed.

Mr. GILL, in opening the case, said he was sure the jury would dismiss from their minds anything which they might have heard or read with regard to the case, and would approach the consideration of it with minds perfectly fair and impartial, and that they would watch closely the evidence which would be put before them on the part of the prosecution. He then explained how it was that this prosecution had been instituted by the Director of Public Prosecutions. The charges against the prisoners were in connexion with youths, who would be called before the jury. The charge against Taylor with regard to some of these youths, if not all of them, was that he acted for the other prisoner-- that he procured these youths in order that the prisoner Wilde might have an opportunity of committing acts of gross indecency with them. The prisoners were also charged with an agreement together that youths should be procured in order that the prisoner Wilde might commit those acts with them. On the counts under section 11 of the Criminal Law Amendment Act, 1885, the defendants could be called as witnesses if they so desired.

MR. JUSTICE CHARLES said that the defendants were only competent witnesses on the counts under section 11 of the Criminal Law Amendment Act, 1885.

Mr. GILL, continuing, gave an outline of the circumstances of the case as alleged on the part of the prosecution, and briefly indicated what the evidence would be which would be adduced on the part of the prosecution.

Witnesses were then called and examined.

Charles Parker, 21 years of age, deposed to his introduction to Wilde by Taylor and to his subsequent relations with Wilde and Taylor in 1893. In August last year witness ceased to associate with Taylor, and did not see him again. Witness went into the country and enlisted.

In cross-examination by Sir Edward Clarke, Charles Parker said that he stated before the magistrate that he had received £30, part of a sum of money which had been extorted from a gentleman. Two men extorted the money from the gentleman--one of them being Wood and the other a man named Allen. Witness did not know that Wood had got £20 or £30 from Wilde in reference to some letters written by Wilde.

In cross-examination by Mr. GRAIN, the witness said that the sum of £30 which he had mentioned was the only sum he had received under similar circumstances. Wood had not suggested more than once that there were people from whom ho might obtain money in which witness might participate.

William Parker was the next witness examined. He said that the only occasion on which he met Wilde was at a dinner at a restaurant, when he and his brother Charles were introduced to him.

Evidence was then given describing the rooms occupied by Taylor in Little College-street. Taylor's visitors were young men from 16 years of age to his own age. The witness who gave the evidence describing Taylor's rooms never saw Wilde there.

Alfred Wood, who said he was formerly a clerk, was called and examined. His evidence was not concluded when the Court rose.

The hearing of the case was adjourned until to-morrow.

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