The Times - Saturday, May 25, 1895

(Before Mr. JUSTICE WILLS.)The trial of OSCAR WILDE, 40, author, upon an indictment charging him with unlawfully committing certain acts with Charles Parker and Alfred Wood, and with certain persons whose names were unknown, was resumed.

The Solicitor-General (Sir F. Lockwood, Q.C.), Mr. C.F. Gill, and Mr. Horace Avery appeared for the prosecution on the part of the Director of Public Prosecutions; Sir Edward Clarke, Q.C., Mr. Charles Mathews, and Mr. Travers Humphreys defended.

Sir Edward Clarke now opened the case for the defence. He said it became his duty to make some observations to the jury on what remained of the case which was deliberately launched against Mr. Wilde. De should not detain the jury long now, and he did not think it would be necessary to detain them long when he he came to address them hereafter on the subject of the evidence on which the jury were asked to rely, as the area of the case was very limited. He "should not discuss in detail now the evidence which had been given in the case, because that evidence was not complete. He should call Mr. Wilde into the witness-box again to state on his oath for the third time in this Court that there was no truth whatever in the accusations which were made against him, and to face for the third time in this Court, now with a new assailant, the cross-examination which might be administered to him with regard to the matters which were contained in these accusations. When he had given his evidence and had been cross-examined the evidence would be complete, and he should then have to address the jury on the evidence with which they were asked to deal. He had to deal with the remains of a case. Some weeks ago the indictment contained 25 counts, some of which were counts for conspiracy, and on which indictment there was a point reserved when could be argued if necessary. Suddenly the counts for conspiracy were withdrawn, and as to the other counts the jury were discharged because they could not agree upon a verdict. Then came this trial. When the case was more important than it was now it was not thought necessary to have a law officer of the Crown conduct the prosecution, but it was left to the practised and competent hands of Mr. Gill. He had not to remonstrate Mr. Gill at any point of his address. But now came down a law officer. There was a strange and an invidious distinction belonging to the law officers of the Crown--why they enjoyed it he did not know--he never availed himself of it when he was a law officer, and would not do so if it was his fate to fill that position again. It was the privilege of the Attorney-General and the Solicitor-General when they came down to prosecute that if the defendant called no witnesses at all the law officer had the last word. That was an important change. Mr. Wilde had twice given a denial to these charges, but he was kept in prison without bail contrary to practice and, as he believed, contrary to law. Broken in health as Mr. Wilde was by the anxiety of these [unintelligible] trials, he might have spared him the indignity and the pain of having again to go into the witness- box, but if he did not call him he knew what the reply of the Solicitor-General would be. A further hardship was inflicted on Mr. Wilde. He (Sir Edward Clarke) made an application that these persons should be tried separately, and it was decided that they should be tried separately. He was here representing Mr. Wilde, who was the first person mentioned in the indictment, and he claimed that he should be tried first. He could not imagine any reason in logic or fairness which could be suggested for the course which was adopted of trying the other defendant first. In Taylor's case the jury were notable to agree as the the [...] referring to Mr. Wilde, and were discharged without giving a verdict as to that issue. Practically this was the third time that the issue had been placed before a jury. There could be o cause for complaint against him of he felt a little soreness at the treatment which Mr. Wilde had sustained. He asked the jury to remember that it was Mr. Wilde's own action in preferring the charge of libel against the Marquis of Queensberry that had brought about this inquiry. He could not leave one observation unmade, that in the evidence given by Mr. Wilde at the hearing of the charge of libel against the Marquis of Queensberry there was only one statement which was contradicted by an independent witness, that Mr. Wilde had never been to Par-walk, and a woman had been called on the part of the prosecution who stated that she had seen a gentleman who, she said, was Mr. Wilde drive away in a hansom cab from Park-walk, and she was the only independent witness who contradicted any statement made by Mr. Wilde. He asked the jury to remember that in relation with the question with which they had to deal. What he had to say as to the character of the witnesses on whose evidence they were asked to rely were observations which he would [unintelligible] hereafter. He submitted that on the evidence before them the jury could not come to any other conclusion than that it was their duty to acquit Mr. Oscar Wilde.

Wilde was then called and examined by Sir. Edward Clarke. He said that every one of the statements which he made in his evidence given at the hearing at this court of the charge of libel preferred by him against he Marquis of Queensberry was entirely true, and he had no qualification or alteration to make with regard to any of them. He had rooms in St. James's-place from October, 1893, to April, 1894. He took the rooms to write in, because his house was small for literary purposes, and at that time he was writing a play. He took the rooms for the purpose of writing there - entirely for the purposes of literary work. Most literary men liked to write out of their houses. There was no truth whatsoever in the accusations made against him in the indictment.

Sir Edward Clarke then addressed the jury for the defence. He commented in severe terms upon the witnesses Charles Parker and Alfred Wood. It was upon the evidence of these two men that the jury were asked to condemn Mr. Wilde. He reminded the jury that Wood and Charles Parker had shared in a sum of £400 or £500 which he contended was obtained by a man named Allen from a gentleman by blackmail. It seemed to him that if these blackmailers were to be listened to, or their word accepted before the word of Mr. Wilde,who gave a denial to their story, the profession of blackmailing might become more deadly and more dangerous than it had ever been before. Mr. Wilde knew nothing of tho men's character. They were introduced to him, and it was his love of admiration that caused him to like to be in their society. The positions should be changed--it was these men who ought to be the accused and not the accusers. It was true that Charles Parker and Wood never made any charge against Mr. Wilde before the plea of justification of the libel case; but what a powerful piece of evidence that was in favour of Mr. Wilde, for if Charles Parker and Wood thought they had material for making a charge against Mr. Wilde, did the jury think they would not have made it? Did the jury think they would have remained year after year without trying to get something from him? Charles Parker and Wood made no charge against Mr. Wilde, and did not attempt to get money from him, and that circumstance was among other cogent proofs to be found in the case that there was no truth whatever in the accusation against Mr. Wilde. He contended that there was no corroboration of the evidence of Charles Parker and Wood and that their evidence could not be relied upon, and he also urged that there was nothing to support the counts charging Mr. Wilde with committing the acts alleged with persons whose names were unknown. The jury must not act upon suspicion or prejudice, but upon an examination of the facts, and he respectfully urged that he was entitled to claim for Mr. Wilde a verdict of acquittal. If on an examination of the evidence they felt it their duty to say that the charge had not been proved, he was sure that they would be glad that the brilliant promise which had been clouded by these accusations and the bright reputation which was so [unintelligible] by the prejudices which a few weeks ago swept through the Press had been saved by their verdict from absolute ruin and that it had left him the distinguished man of letters and the brilliant Irishman to live among us with honour and repute, to give, in the maturity of his genius, gifts to our literature of which he had given the promise in his early youth.

There was loud applause in Court at the conclusion of Sir Edward Clarke's address.

The SOLICITOR-GENERAL then replied on the part of the prosecution and denied that the prosecution had behaved with any unfairness towards Wilde. He thought that those conducting the prosecution were quite right in thinking that a law officer should be instructed to appear for the prosecution. With regard to the right of reply which belonged to the law officers and with reference to Sir Edward Clarke's observation that he had never availed himself of that right when he was a law officer, the Solicitor-General said that his learned friend had no right to lay down a rule which could not affect others who filled that office.

The Solicitor-General had not concluded his speech when the Court rose.

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

The Times - Monday, May 27, 1895

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.

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