The Star - Thursday, May 2, 1895

There was a crowded Court yesterday at the Old Bailey when the trial of Oscar Wilde and Alfred Taylor on charges under the Criminal Law Amendment Act entered upon its final stage, after having occupied four days, before Mr. Justice Charles and a jury. Mr. C. F. Gill and Mr. H. Avory prosecuted on behalf of the Treasury; Sir Edward Clarke, Q.C., Mr. Charles Matthews, and Mr. Travers Humphreys defended Oscar Wilde; Mr. J. P Grain and Mr. Paul Taylor defended Alfred Taylor. His Lordship on taking his seat at once commenced to sum up. The jury retired at 1.35, the judge having spoken three hours. At three o'clock a communication was brought from the jury, and conveyed by the Clerk of Arraigns to the Judge, and shortly afterwards the jury had luncheon taken in to them.

The jury returned into court at a quarter past five o'clock.

The Judge: - I have received a communication from you to the effect that you are unable to arrive at an agreement. Now, is there anything you desire to ask me in reference to the case?

The Foreman: I have put that question to my fellow jurymen, my lord, and I do not think there is any doubt that we cannot agree upon three of the questions. The Judge: I find from the entry which you have written against the various sub- division of No. 1 that you cannot agree as to any of those sub-divisions.

The Foreman: That is so my Lord. The Judge: Is that in regard to No. 4? The Foreman: Yes, and also as to No. 4. The Judge: Is there no prospect of agreement if you retire to your room? You have not been inconvenienced: I ordered what you required, and is there no prospect that with a little more deliberation you may come to some agreement as to some of them? The Foreman: My fellow-jurymen say there is no possibility. The Judge: I am very unwilling to prejudice your deliberations, and I have no doubt that you have done your best to arrive at an agreement. On the other hand, I would point out to you that the inconveniencies of a new trial are very great. If you thought that by deliberating a reasonable time you could arrive at a conclusion upon any of the questions I have asked you, I would ask you to do so.

The Foreman: - We considered the matter before coming into Court, and I do not think there is any chance of an agreement. We have considered it again and again. The Judge: If you tell me that I do not think I am justified in detaining you any longer.

Sir E. Clarke asked that a verdict should be given on the conspiracy counts. Mr. Gill opposed this, but the Judge said he directed the acquittal of the prisoners on the conspiracy counts that morning. He thought that was the best course to adopt; and the same remark might be made with regard to the two counts in which Taylor was charged with improper conduct towards Wood and Parker. It was unfortunate that the real and material matters which had occupied the attention of the jury for so many days were matters upon which the jury were unable to agree. Upon these matters and upon the counts which were concerned with them, he must discharge the jury.

Sir E. Clarke thereupon applied for bail for Mr. Wilde.

Mr. Hall made the same application for Taylor.

The Judge: I don't feel able to accede to the application.

Sir E. Clarke intimated that he might renew the application. The Judge: That would be done to the Judge in Chambers.

Mr. Gill said the case would certainly be tried again, and probably it would go to the next Sessions.

Prisoners were then conducted from the dock. Mr. Wilde had listened to the result without any show of feeling.

The St. James's Gazette - Thursday, May 2, 1895

The trial of Oscar Wilde and Alfred Taylor was resumed at the Old Bailey yesterday. Mr. Justice Charles having summed up the case, the jury retired to consider their verdict at half-past one.

At three o'clock a communication was brought from the jury and conveyed by the clerk of arraigns to the judge. Shortly afterwards, in reply to their communication, the jury had luncheon taken in to them.

At 4.15 the judge sent for the Clerk of the Arraigns (Mr. Avory) who proceeded to his lordship's private room. Subsequently Mr. Avory went to the jury apparently with a communication from the judge. Mr. Avory returned in a few minutes, and proceeded at once to the judge's private room. At this time the jury had been absent two hours and three-quarters.

The jury returned into court after an absence of 3 hours and 40 min.

The judge said he had received a communication from them showing they were unable to arrive at any agreement. Was there anything which they desired to ask in which he could assist them in arriving at a verdict?

The foreman said he had put the question to his fellow jurymen, but they could not agree with regard to two of the questions.

The judge understood they could not agree with regard to the various sub-divisions in question No. 1, and also with regard to other questions.

The foreman said that was so.

The judge asked if there was any prospect of their agreeing if they deliberated a little longer.

The foreman: My fellow jurymen say there is no possibility, and that is the only result we can come to.

The judge pointed out that the expenses of another trial would be very great, and if they thought that by deliberation for a reasonable time they could arrive at a conclusion on the question, he would ask them to do so.

The foreman: We considered that matter before we came into court. I do not think there is any chance of agreeing. We have considered it again and again.

The judge: If you tell me that, I am not justified in detaining you any longer.

Sir Edward Clarke asked for a verdict of Not Guilty upon those counts upon which no evidence had been given.

The judge said he had already taken the necessary steps for that.

Mr. Gill remarked that his learned friend was not quite right in saying that no evidence was given on these particular counts.

The judge said he directed a verdict of acquittal on the conspiracy counts, and also upon the counts upon which no evidence for the consideration of the jury was offered. Unless Mr. Gill could satisfy him that he ought not to do so, he thought the proper course would be to enter the verdict on the record.

Mr. Gill said he thought evidence was given which would have a bearing on those counts in the course of the case.

The judge: You elected to ask the jury to answer questions limited to the other counts.

A verdict of Not Guilty on the counts of conspiracy and other counts was then entered, and the jury were discharged.

Sir E. Clarke: I have now to make an application that Oscar Wilde be admitted to bail. I should think that after what has taken place the Crown would make no objection.

Mr. Clarke Hall made the same application on behalf of Taylor.

The judge: I do not feel that I am able to accede to the applications.

Sir E. Clarke: I suppose that I may renew the application, on other material, to a judge in chambers?

The judge: Yes, I think the application must be renewed in the ordinary way to a judge in chambers.

Mr. Gill: The case will certainly be tried again; but whether at the next session or not will depend upon what is the most convenient course. Probably the most convenient course will be that it should be taken at the next sessions.

Wilde and Taylor were then conveyed to Holloway in the prison van. The next session of the Central Criminal Court commences on May 20.

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