The Times - Thursday, April 25, 1895

In the case of OSCAR WILDE,

Mr. CHARLES MATHEWS, who, with Sir Edward Clarke, Q.C., and Mr. Travers Humphreys, appeared for the defence, applied that the case might stand adjourned until the May sessions. Mr. Mathews said he moved upon affidavit which had been shown by Mr. Robert Humphreys, the solicitor acting for Wilde. Mr. Humphreys stated in the affidavit that there had not been sufficient time to prepare the defence and that in the present state of public feeling he was of opinion that a fair and impartial trial of Wilde might be difficult to obtain. Mr. Humphreys suggested that if there was a postponement of the trial until the May sessions there would be time for that feeling partially to subside, and that the chance of a fair and impartial trial for Wilde would be increased. Some 27 witnesses were called before Sir John Bridge at Bow-street. On Friday last the case was committed for trial. A copy of the depositions was not obtained or obtainable until somewhere about 1 o'clock on Saturday last. There had, therefore, not been sufficient time to prepare the defence.

Mr. J. P. GRAIN, who appeared for the defence of Alfred Taylor, said he could not concur in the application. His client desired to be tried at the earliest possible moment.

Mr. C. P. GILL, who, with Mr. Horace Avery, appeared for the prosecution, said he must strongly oppose the application. The fullest particulars of the charges were furnished to Wilde in the plea of

justification put in in the libel case last sessions in which be was the prosecutor.

Mr. JUSTICE CHARLES.--Were any cases presented to the Magistrate outside of the plea of justification?

Mr. GILL.--None at all, and not all the cases in the plea of justification. The only cases which were presented to the magistrate, and which were cases referred to in the plea of justification, were those which were alleged to have taken place within the jurisdiction of the magistrate's Court, and it was only those cases which were in the indictment. It was of great importance that the witnesses should give their evidence as soon as they reasonably could.

Mr. MATHEWS pointed out that the dates mentioned in the plea of justification were somewhat

uncertain and the evidence alleged was also somewhat uncertain. He repeated that there had not been sufficient time to prepare the defence, and referred to the great public feeling which the case had excited, observing that if the application were not granted a fair and impartial trial of Wilde might be difficult to obtain.

Mr. JUSTICE CHARLES said be had carefully listened to the observations of counsel on the one side and the other with reference to this matter. He was asked to postpone the trial of Oscar Wilde from the present sessions until the next sessions. He had also carefully examined the affidavit which had been handed to him in support of Mr Mathews's application. The application was based on two grounds--first the alleged difficulty of a fair trial being obtained at the present sessions. He did not himself think that that ground had any foundation. Be did not doubt that the prisoner would receive a fair and impartial consideration of the case at these sessions. Then came the more substantial allegation-- namely, that there had not been sufficient time to prepare the defence. It turned out that the witnesses whom it was proposed to call and the charges which it was proposed to make were disclosed as tar back as March 30--the names of the witnesses, at all events, were disclosed as far back as March 30, when the plea of justification was delivered. He thought, therefore, upon the.whole, that he was not justified in acceding to the application.

Mr. Mathews asked that the hearing of the case might be fixed for Friday morning.

Mr. GILL agreed that that would be a convenient day.

Mr. JUSTICE CHARLES fixed the hearing of the case for Friday morning unless an intimation was made to him that that was not a convenient day. He would fix the hearing of the case for any day which would be most convenient to counsel.