Belfast News-Letter - Thursday, May 2, 1895

London, Wednesday.—The trial of Oscar Wilde and Alfred Taylor was resumed at the Old Bailey to-day.

Mr. Justice Charles, on taking his seat, proceeded to sum up the case to the jury. He said that the allegations made against the two prisoners, both of whom were gentlemen of good education, whilst one held a very high position as a man of letters, were of a very grave and important character, and required of the jury their most patient and careful investigation. They ought to discard absolutely from their minds everything that they had read or heard about the case outside the evidence that had been given, and consider the matter solely on the testimony that had been submitted by the Crown in support of the charges. Undoubtedly if the acts suggested were committed the persons who had been called to relate them were accomplices,but by a long-standing and wholesome practice of our criminal courts no prisoner could be convicted by a jury of a criminal charge on the uncorroborated evidence of accomplices. If juries were to act on the uncorroborated evidence of an accomplice in an alleged crime to what terrible dangers might innocent persons be exposed by designing persons. In this case, therefore, they had to see if there had been any corroboration of the testimony of the young men who had been called, and had there been none it would have been his duty to direct the jury to acquit, but undoubtedly there was a certain amount of corroboration as to the acquaintanceship of the young men with the prisoners and also with reference to some other particulars of the narrative they had told. He would leave the case of each of these young men to the consideration of the jury. In the case of one of the Parkers, Wood, and Atkins, they were not only accomplices, but they had very properly been called blackmailers, and with regard to Atkins, he himself had in the hearing of the jury proved that he had told the grossest and most deliberate falsehoods. Therefore, when the jury came to consider the value of their evidence they ought not to overlook the character of these persons. The verdict that was given in the Queensberry case had not the least binding effect on the jury in the present case. As to what was called the literature branch of the case, the jury ought not in his opinion, to form any unfavourable impression by reason of the fact that Mr. Wilde was the author of the book "Dorian Gray," for the author ought not to be confounded with the persons that he creates in his work. Of course, the book was open to criticism, but in a criminal charge it was very doubtful if it was to open to the interpretations put upon it by the prosecution. Before the jury formed any conclusion in this matter they ought to weigh most carefully the whole of the surroundings attending the production of the work, and especially the explanation that Mr. Wilde had given in connection with "Dorian Gray." Whilst some of our greatest writers had passed long lives in writing literature of the highest genius—literature that nobody could read without advantage—other great writers, perfectly noble-minded men, somehow or another had committed to paper writings which were most painful for any decent persons with ordinary modesty to read. The jury ought not therefore, to be unfavourably influenced in dealing with a work of this nature, having regard to the many other considerations that must not be lost sight of in dealing with the case. As to Shelley, he was no doubt an accomplice if the acts related by him in fact occurred. It was a matter for the jury to determine what amount of reliance ought to be placed on Shelley's testimony. As to Atkins, who proved himself to be an unscrupulous and untruthful witness, who had impudently told falsehood after falsehood, probably the jury would think it unsafe to rely upon him at all. His Lordship dealt with the other incidents referred to in support of the case for the prosecution, his observations having reference to the questions raised on the letters produced written by Wilde, and as to the evidence of the men Wood and Parker relative to the various transactions in connection with the prisoners, and as to the character and the conduct of these persons. He dealt also with the charges against Taylor. The case was an important one to the community, and if the jury thought that the prisoners were guilty they ought fearlessly to say so. On the other hand, innocent persons ought not to be convicted of crimes they had not committed. He was confident that the jury would do justice between the prisoners and the public. One of the defendants was a man of high intellectual gifts, and one might reasonably suppose that he would have been incapable of such conduct. The same remark applied to Taylor, but still the jury had to deal with the evidence, upon which they could alone return their verdict.

The jury retired to consider their verdict at twenty-five minutes to two o'clock.

At three o'clock a communication was brought from the jury and conveyed by the clerk of arraigns to the judge.

At 3-20 a disagreement seemed probable. 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.

The jury, after a deliberation of three hours and three-quarters, returned into court, when the foreman, who had caused a communication to be sent to the judge in reply to his Lordship, said that they were unable to agree as to a verdict. There was no chance, in his opinion, of the jury agreeing in a verdict.

Sir Edward Clarke asked that a verdict of acquittal on the conspiracy counts, upon which no evidence was offered, be returned by the jury.

The Judge said that he would direct that an acquittal be entered on the record in regard to the conspiracy counts, and with respect of the counts referring to Wood and Atkins.

The jury were accordingly discharged.

Sir Edward Clarke applied for bail for Oscar Wilde. Probably the Crown would object to bail being granted. Application was made for bail on behalf of Taylor.

The Judge—I do not feel able to accede to the application.

In reply io Sir Edward Clarke, his Lordship said that if another application for bail was to be made it would be in the usual course made before a 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 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.

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