The Times - Tuesday, May 21, 1895

Oscar Wilde, 40, author, who surrendered to his bail, and Alfred Taylor, 38, were placed at the bar to take their trial again upon those counts of the indictment as to which the jury at he last Sessions were unable to agree upon a verdict. It will be remembered that the jury at the last Sessions found the defendants "Not guilty" upon the other counts in the indictment.

The Solicitor-General (Sir F. Lockwood, Q.C.), Mr, C.F. Gill, and Mr. Horace Avory conducted the prosecution on behalf 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 defended Taylor.

Sir Edward Clarke said that before the jury were sworn he thought he ought to make an application that the defendants should be separately tried. The ground for the application was that it was an application practically as of right in this case. On the occasion of the trial, which took place at the last Sessions the indictment contained 25 counts. Upon many of those counts a verdict of not guilty was entered, and there remained a certain number of counts not charging conspiracy, but charging the committal of offences by the defendants. There were only eight of those counts which affected Wilde, and in none of those counts was any charge made against Taylor. The other counts were counts against Taylor, and in nine of them was there any charge made against Wilde. He submitted, therefore, that inasmuch as the counts were separate with regard to the defendants, the defendants should be tried separately.

Mr. J. P. GRAIN, for Taylor, said that he concurred in everything which Sir Edward Clarke had said, and he made the same application.

The SOLICITOR-GENERAL opposed the application. He said that he had pointed out to his learned friend that the result of trying the defendants separately would be that it would be necessary to take the case of Taylor first.

SIR EDWARD CLARKE.--I should object to that.

The SOLICITOR-GENERAL repeated that it would be necessary to take Taylor's case first -- the sequence 'of events would necessitate that being done. Then what would be the nature of the inquiry? It would be an inquiry into the conduct of one person who was on his trial, and evidence would have to be given of the conduct of another person who was not on his trial. In these circumstances it appeared to him that those who were responsible for the drawing of the indictment

rightly considered the position and thought it would be an injustice to the person not on his trial that evidence should be given as to his conduct when he was not represented. He trusted that Mr. Justice Wills would not allow his learned friend to dictate to the prosecution as to the order in which the cases should be taken. Those who framed the indictment rightly included the defendants in the some indictment. The history of the cases were so bound up together that it would be impossible to inquire into the case of one without inquiring into the case of the other. He submitted that it would be the fairest course towards the defendants that there should be one trial, and he asked that they should be tried together.

SIR EDWARD CLARKE said that the ground upon which the Solicitor-General supported the course of trying the defendants together was that it would be unfair to the defendants to try them separately. The best defence, and Mr. Grain and he (Sir Edward Clarke) were distinctly of opinion that it would be an injustice to the defendants if they were tried together. He therefore urged that they should be tried separately.

Mr. Justice Wills said that he need hardly say that this matter had been present to his mind for consideration before he came there, because he did not affect to be entirely ignorant of what had taken place, and he anticipated that this application would be made. He had considered it carefully with regard to the evidence, and in view of what the evidence was he thought that it was much fairer that the defendants should be tried separately.

THE SOLICITOR-GENERAL said that he proposed to take the case of Taylor first.

SIR EDWARD CLARKE asked that Wilde's case might be taken first. Wilde's name stood first in the indictment, and the first count was a count directed against him. It would be unjust to Wilde that his case should be tried immediately after the trial of the other defendant.

Mr. Justice Wills.- It should not make any difference.

Sir Edward Clarke.- It should not, my Lord.

Mr. Justice Wills.- I and the jury will do our very best to take care that one trial has no effect on the other.

Sir Edward Clarke.-I am sure you will do that, but there never was a case in which that duty was more difficult to discharge. I ask, inasmuch as Mr. Wilde's name is first in the indictment and the first count is one directed against him, that his case should be taken first.

Mr. Justice Wills.- I do not see how I can interfere with the discretion of the prosecution.

Sir Edward Clarke.- Then it would be convenient for me to at once make the application, which I shall repeat at the end of Taylor's case, and that is that the trial of Mr. Wilde shall stand over until the next Sessions.

Mr. Justice Wills suggested that the application had better be made when they saw the result of Taylor's case.

Sir Edward Clarke said that as there was no prospect of Wilde being called up to take his trial at present he asked that Mr. Justice Wills should allow him out on the same bail.

The Solicitor-General said he would leave the matter entirely in his Lordship's discretion.

Mr. Justice Wills granted the application.

Oscar Wilde was accordingly allowed out on the same bail.

The trial of Alfred Taylor upon the counts charging him with committing and procuring the commission of acts of gross indecency was then proceeded with.

The Solicitor-General, in opening the case, said that the defendant Taylor, who was 33 years of age, was educated at one of our large public schools and began life with a considerable amount of money which he had inherited. For a short time he held a commission in a Militia regiment, but apparently for some time before the time with which he (the Solicitor-General) should have to trouble the jury he had followed no occupation of any sort or kind. The Solicitor-General then proceeded to refer to the facts of the case as alleged by the prosecution, and said that, of course, the jury would give the fairest and most impartial trial to the case.

Evidence was then given by Charles Parker and William Parker. Other witnesses were also called for the purpose of giving corroborative evidence.

At the conclusion of the evidence for the prosecution,

Mr. Grain submitted that there was no corroboration, or at any rate no such corroboration as was requisite, and he contended that there was no case to go to the jury against Taylor.

The Solicitor-General contended that although there was no corroboration by an eye-witness there was, nevertheless, corroborative evidence.

Mr. Justice Wills said he thought that there was sufficient corroborative evidence.

Mr. Grain then addressed the jury for the defence of Taylor, contending that there was no corroborative evidence, and that the charge against him had not been proved. He should call Taylor as a witness, and he would give him a denial of the charge.

At the conclusion of Mr. Grain's speech,

The hearing of the case was adjourned until to-morrow. Mr. Justice Wills advising the jury to keep their minds open and not to allow any one to speak in reference to the case.

Ballinrobe Chronicle - Saturday, May 25, 1895

SEPARATE TRIAL.

Monday was appointed for the second trial of Oscar Wilde and Alfred Taylor for offences under the Criminal Law Amendment Act, and the proceedings commenced at the Old Bailev before Mr. Justice Wills.

The Solicitor-General (Sir F. Lockwood), Mr. Sutton, Mr. C. F. Gill, and Mr. H. Avory appeared to prosecute; and Sir E. Clarke, Q.C., Mr. C. Mathews, and Mr. T. Humphreys again defended Wilde, the counsel for Taylor being Mr. J. P. Grain and Mr. Sydney Knox.

The defendant Wilde, who was present with his sureties, Lord Douglas of Hawick and the Rev. Stewart Headlam, at once went into the dock on the arrival of the judge, Taylor, who had not been admitted to bail, being already there. Wilde, who was much bronzed, looked considerably better in health than at the end of the last trial, but Taylor's pale face showed the effects of incarceration.

Before the swearing of the jury, Sir E. Clarke made an application that the two defendants should be tried separately.

His lordship asked whether the Solicitor-General had any objection to this course.

Sir F. Lockwood : I have.

Sir E. Clarke pointed out that on the occasion of the trial last sessions, the indictment upon which the defendants were charged contained 25 counts. Upon many of these counts a verdict of not guilty was entered, and there remained now a certain number charging them with certain offences. There were only eight of these counts which affected Oscar Wilde, but in none of these was any charge made against Taylor. The other counts were against Taylor, and in none of them was any charge made against Wilde. Therefore, there was no single count now standing upon the indictment upon which Wilde and Taylor could be both convicted. He, therefore, submitted that they should be tried separately.

Mr. Grain, on behalf of Taylor, agreed with everything which Sir E. Clarke had said.

Sir F. Lockwood objected to the cases being tried separately.

Sir E. Clarke said that he and his learned friend who represented Taylor were distinctly of opinion that the trying of these two cases together would result in injustice being done to both defendants.

His Lordship : I need hardly say that this is a matter which had been present to my mind before I came here. I anticipated that this application would be made, and I have considered it carefully with regard to the evidence put before me. Having in view what that evidence is, I think it would be much fairer that they should be tried separately.

The Solicitor-General said he proposed, then, to take the case of Taylor.

Sir E. Clarke urged that the trial of Wilde should proceed first. His name stood first on the indictment, and he believed it would prejudice his case if he were tried after Taylor.

The judge said it ought not to make the least difference. He and the jury would do their best to see that their interests were not prejudiced.

Sir E. Clarke thought there never was a time nor a case in which that duty was more difficult to discharge.

The Judge: I think it would be convenient to take the course suggested.Sir E. Clarke: Then I apply that Mr. Wilde's case should stand over until next sessions.The Judge: Don't you think that application had better be made when we see what the result of this trial is? If it should be an acquittal, then all the better for the defendant Wilde.Sir E. Clarke : There is no prospect of him taking his trial to-day; and, of course, there will be no objection to allow him to be on the same bail as formerly.The Solicitor-General: I should leave that in your lordship's discretion.The Judge: There is no reason for refusing it if the bail are here, but if not they must be sent for.Sir E. Clarke: They shall be sent for at once. They had been told thev were free until the afternoon.

The Solicitor-General then proceeded to open the case against Taylor, and recapitulated the facts already known. Charles Parker repeated the evidence that he gave at the former trial. The witness was subjected to a close cross-examination by Mr.Grain, who sought to show that his testimony was not worthy of belief. The witness admitted that he had received money obtained by men named Wood and Allan from a gentleman, but he denied that it was "hush" money. Wm. Parker, brother of the last witness, gave evidence in corroboration. Alfred Wood deposed to his relationship with Taylor and Oscar Wilde, from whom he received money to go, as he said, to America. Mr. Grain took objection to certain portions of the evidence on the ground that it did not affect his client, but the Court, on certain points, ruled that the evidence was admissible. Evidence was given as to the conditions under which Taylor lived in Little College-street, W., and as to the arrest of the prisoner. Mr. Grain argued that the corroboration adduced was not sufficient in law to justify the case going to the jury. The Solicitor-General submitted that there was ample corroboration of the evidence. The judge was of opinion that there did exist certain corroboration, and he allowed the case to go to the jury. Mr. Grain next addressed the jury on behalf of Taylor, submitting that the evidence of the accomplices was utterly unreliable, and that, as the Crown had failed completely to prove their case, his client ought not to be convicted. The case was adjourned.

TAYLOR FOUND GUILTY.

The trial was resumed at the Old Bailey on Tuesday of Alfred Taylor, 33, of no occupation, on an indictment charging him with certain misdemeanours. The Solicitor-General (Sir F. Lockwood) Q.C., Mr. C. F. Gill, and Mr. H. Avory prosecuted on behalf of the Treasury; Mr. J. P. Grain defended. The defendant, called by Mr. Grain, gave an emphatic denial to the whole of the allegations with regard to persons whose names had been mentioned. In reply to questions put in cross-examination, the witness admitted that he had attired himself in a female Eastern costume. Witness pressed as to persons that he had been with said that he did not remember their names. He was introduced to Mr. Wilde by a friend named Schwabe. He went to a restaurant with a man named Harrington, but the latter did not pass the night in Little College-street The cross-examination of the defendant was a lengthy one, it being sought by the learned Solicitor-General to get admissions of an incriminating character from the witness, relative to his association with the Parkers and others. The names of a number of persons were put to the witness as those with whom he had misbehaved himself; but he denied the allegations made. In reply to Mr. Grain, in re-examination, the witness said that many of these persons whose names had been mentioned were old acquaintances. He had never misconducted himself with any of these persons. Mr. Grain, continuing his speech for the defence, asked the jury to place no reliance upon the testimony of blackmailers and accomplices, and having regard to the positive denial of his client, and the unsatisfactory character of the evidence called by the prosecution, to acquit the prisoner. He maintained that the prisoner was an innocent man, and that the Crown had failed absolutely to bring guilt home to him. The Solicitor-General replied on behalf of the Crown, and he dwelt at some length with the salient features of the case presented by the evidence, which, he submitted, left no doubt as to the guilt of the accused. Mr. Justice Wills, in summing up, said that it had been a rule of long-established practice that a prisoner ought not to be convicted on the uncorroborated testimony of accomplices, and it would be a source of great danger to an accused person if such a rule was not adhered to. It was a question for the jury to say what weight ought to be placed on the evidence put forward in corroboration of the statement of the accomplices. They ought to be satisfied before an adverse verdict was given that the evidence was sufficiently corroborated and warranted a conviction. His lordship dealt with the specific charges against the prisoner, and pointed out features in the evidence for the guidance of the jury, which features, he observed, abundantly justified him in not withdrawing the case from the jury. In conclusion, his lordship told the jury that if the evidence left a reasonable doubt in their minds as to the innocence or the guilt of the prisoner he was entitled to an acquittal. The jury retired to consider their verdict at 25 minutes past three. After an absence of 40 minutes, a communication was sent to the judge from the jury, who put certain questions on paper bearing on certain counts of the indictment. His lordship having dealt with the questions, the foreman of the jury said that they found the Prisoner guilty of acts of impropriety with William and Charles Parker in the autumn of 1893. As to the count for "procuring," they were not prepared to give a verdict. The Solicitor General, at the suggestion of the Judge, said that he would be content with the verdict of guilty on the two counts. Sentence on Taylor was deferred until after Wilde's trial.

Taylor, who appeared to feel his position acutely, was then removed. The Marquis of Queensberry was in attendance during the day, and remained in court until the finish of the case.

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