Compare Documents

(Before MR. JUSTICE WILLS.)The trial of OSCAR WILDE, 40 , author, upon a charge of unlawfully committing certain acts with Charles Parker, Alfred Wood, and Edward Shelley, and with persons whose names were unknown, was resumed.

The Solicitor-General (Sir F. Lockwood, Q.C.), Mr. C. F.Gill, and Mr. Horace Avory conducted the prosecution; Sir Edward Clarke, Q.C., Mr. Charles Mathews, and Mr. Travers Humphreys defended.

The examination of witnesses on the part of the prosecution was continued.

The SOLICITOR-GENERAL put in the shorthand notes of the evidence given by Wilde at the hearing at this Court of the charge of libel preferred by him against the Marquis of Queensberry, and said he proposed to read a portion of it.

Mr. JUSTICE WILLS said it was not necessary that ail that evidence should be read, but the Solicitor- General and Sir Edward Clarke could read the passages to which they wished to refer.

Sir Edward Clarke then read a portion of Wilde's evidence given in examination-in-chief, and the Solicitor-General, Mr. C.F. Gill, and Mr. Horace Avory read extracts from his cross-examination, passages from his re-examination being read by Sir Edward Clarke.

The SOLICITOR-GENERAL intimated that the evidence for the prosecution was concluded.

SIR EDWARD CLAKKE submitted that there was no case to go to the jury. He contended that there was no evidence to support the counts which charged Wilde with committing the acts alleged with persons whose names were unknown.

MR. JUSTICE WILLS said it would not be right for him to say that there was no evidence to go to the jury in reference to those counts, but it was an extremely weak case, and it was the slenderest possible evidence. It seemed to him a case which was just on the line, or so very nearly on the line, that he thought his wiser and safer course would be to leave it to the jury; but he felt it to be so completely on the line, or near the line, that if necessary he would certainly reserve the question for the Court of Criminal Appeal.

SiR EDWARD CLARKE submitted that there was no corroboration of Shelley's evidence.

MR. JUSTICE WILLS said there were traces in Shelley of disturbed intellect and actual delusions. He did not see any corroboration of Shelley.

The Solicitor-General submitted that Shelley was not an accomplice and that his evidence was corroborated.

MR. JUSTICE WILLS said that with regard to Shelley's case he entertained a very clear view. He had thought it well over, and had come to the conclusion, without hesitation, that, in the first place, Shelley must be treated as an accomplice. The rule was that the evidence of an accomplice must be corroborated. Apart from what Shelley said, he could see nothing but what was consistent with perfectly honourable relations between Shelley and Wilde. The letters, so far from corroborating Shelley, were opposed to the notion that there was anything dishonourable. He felt it his duty to withdraw Shelley's case from the jury.

SIR EDWARD CLARK submitted that there was no evidence to go to the jury on the other counts.

His LORDSHIP intimated that he should leave the other counts to the jury.

The hearing of the case was adjourned until to- morrow, Wilde being admitted to the same bail.

The trial of OSCAR WILDE, 40, author, upon a charge of unlawfully committing acts of gross indecency with Charles Parker and Alfred Wood and with persons whose names were unknown, was resumed.

The Solicitor-General (Sir F. Lockwood, Q.C.), Mr. C. F. Gill, and Mr. Horace Avory appeared for the prosecution; Sir Edward Clarke, Q.C., Mr Charles Mathews, and Mr. Travers Humphreys defended.

The SOLICITOR-GENERAL continued his address on the part of the prosecution. In the course of his speech there was a laugh in the portion of the Court set apart for the public, whereupon the Solicitor-General expressed his surprise that there should be any stray laughter, and

Mr. JUSTICE WILLS observed that such exhibitions of feeling on the part of people who had no business to be there, and who were only present for the purpose of gratifying their morbid curiosity were most offensive to him, and if there was anything of the sort again he would have the Court cleared.

Tho SOLICITOR-GENERAL referred in detail to the evidence which had been given on the part of the prosecution. With regard to the appeal which Sir Edward Clarke had made as the literary past and the literary future of Wilde, the Solicitor-General observed that with that they had nothing whatever to do. Wilde had a right to be acquitted if they thought he was an innocent man, but if on their consciences they believed that he was guilty of these charges than the jury had only one consideration, and that was to follow closely the obligation of the oath which had been imposed upon them.

Mr, JUSTICE WILLS then summed up, and in the course of his remarks said that the passing of the Criminal Law Amendment Act, which made a defendant a competent but not compellable witness, was never intended to alter or to infringe upon the sacred old principle of English law that the prosecution must make out the charge against the accused. His Lordship commented upon the beneficial nature of the provision in that Act of Parliament enabling a defendant to be called as a witness, and went on to say that it would be a bad day for the administration of justice in England when juries ceased to take their direction on points of law from the Judge, or when they surrendered to any Judge in the land--no matter what his learning, experience, or ability was--their own independent judgement on the facts which were before them. It was the province of the jury to decide upon the facts. The learned Judge proceeded to refer in detail to the circumstances of the case.

The Foreman of the Jury said that the jury wanted to know whether a warrant against Lord Alfred Douglas was ever issued.

Mr. Justice Wills replied that he could not say, but he should think not. They had not heard of it.

The Foreman of the Jury.--Or ever contemplated?

Mr. Justice Wills replied that he could not say. He did not think they need discuss that. The issue of a warrant depended always on what evidence there was. The mere production of letters was not sufficient; there must be evidence of some act.

The Foreman of the Jury.--If we are to deduce any guilt from those letters it would apply equally to Lord Alfred Douglas.

Mr. Justice Wills said that they had nothing to do with that. The question which the Jury had to decide was whether Wilde was guilty of the charge made against him. His Lordship reviewed the evidence which had been given in the case, and pointed out to the jury the questions for their consideration. There was only evidence as to one of the counts in reference to St. James's-place.

The jury retired to consider their verdict at half-past 3 o'clock, and at 26 minutes past 5 o'clock they returned and asked a question in reference to the evidence as to St. James's-place.

Mr. JUSTICE WILLS read his note of the evidence of a witness on the subject, and

The jury retired again, but returned into Court about five minutes afterwards and said they found Wilde Guilty on all the counts except that which charged him is respect to Edward Shelley, upon which they found him Not guilty. That count, it will be remembered, was withdrawn from the jury by Mr. Justice Wills on Thursday.

The announcement of the verdict was greeted with a cry of "Shame" in a portion of the Court reserved for the public.

The defendant Taylor was then placed in the dock.

SIB EDWARD CLARKE asked Mr. Justice Wills not to pass sentence until next sessions, as there was a demurrer to be argued in reference to the indictment.

Mr. J. P. GRAIN, who appeared for the defendant Taylor, said that the argument of the demurrer would affect Taylor equally, and he therefore made the same application as Sir Edward Clarke.

The Solicitor-General opposed the application. The passing of sentence now would not interfere with the argument of the demurrer.

MB. JUSTICE WILLS.--There was a verdict of not guilty.

SIK EDWARD CLARKE.--That does not affect it.Mr. JUSTICE WILLS.--What is the objection?SIR EDWARD CLARKE.--That the indictment is bad?

MR. JUSTICE WILLS.--What is the point?SIR EDWARD CLARKE.--The point is the joining of two sets of counts on one set of which the defendant could be called as witnesses and on the other could not.

Mr. JUSTICE WILIS said that, as the passing of sentence now would not affect the argument of the demurrer, be thought it his duty to complete the proceedings here.

MR. JUSTICE WILLS, addressing Wilde and Taylor, said that it had never been his lot to try a case of this kind so bad. One has to put stern constraint upon oneself to prevent oneself from describing in language which he would rather not use the sentiments which must rise in tho breast of every man who had any spark of decent feeling in him and who had heard the details of these two terrible trials. Ho could not do anything except pass the severest sentence which the law allowed, and in his judgment it was totally inadequate to such a case as this. The sentence was that each of them be imprisoned and kept to hard labour for two years.

On the sentence being pronounced there were cries of "Shame" and hisses in Court.