Evening Herald - Friday, May 31, 1895

OSCAR WILDE.
Rumoured Re-Opening of the Case

The legal correspondent of the "Pall Mall Gazette" states that the last has not yet been heard of the criminal case which terminated at the Old Bailey last Saturday. It is intended on behalf of at least one of the prisoners, to sue out a writ of error on the ground that there was a substantial defect on the face of the record. The point taken is that the indictment was bad, because it included counts on some of which the prisoners were competent witnesses and some of which they were not. The defence will have to show that the joinder of the counts in the indictment in question was illegal. There is no case bearing directly on the point. It is within the discretion of the law officer to grant or refuse the fiat, nor is there any appeal to the Lord Chancellor. If the fiat issues the officer of the court who has custody of the indictment makes up the record and returns it to the Court of Queen’s Bench. In misdemeanour the plaintiff in error [...] not, if in custody, be present at the hearing unless the Court shall otherwise order. Pending the argument he is entitled to have the execution of the judgment stayed, and to receive back the amount of any fine levies upon him, and, if in custody, to be discharged from imprisonment on entering into certain recognisances to prosecute the writ of error. The Court may affirm or reverse the judgment. In the former case the prisoner is sent back to prison; in the latter he is set at liberty, but he may be indicted again.