The Judge called on the Solicitor-General to answer the application.
The Solicitor-General had nothing to say, but thought it was in the interests of the defendants to be tried together; for, in case they were tried separately, it would be necessary to take the defendant Taylor first.
Sir Edward Clarke tore this pretext to pieces, and Mr. Justice Wills brought the matter to a conclusion by saying that he was in possession of all the evidence that had been taken at the previous trials, and his opinion was that the two defendants should be tried separately.
Sir Edward Clarke then applied that the case of Mr. Wilde should be taken first as his name stood first on the indictment, and as the first count was directed against him and had nothing to do with Taylor. . . . . "There are reasons present, I am sure, too, in your Lordship's mind, why Wilde should not be tried immediately after the other defendant."
Mr. Justice Wills remarked, with seeming indifference, "It ought not to make the least difference, Sir Edward. I am sure I and the jury will do our best to take care that the last trial has no influence at all on the present."
Sir Edward Clarke stuck to his point. He urged respectfully that as Mr. Wilde's name stood first on the indictment his case should be taken first.
Mr. Justice Wills said he could not interfere with the discretion of the prosecution, nor vary the ordinary procedure. Justice and fair play on the one side and precedent on the other: justice was waved out of court with serene indifference. Thereupon Sir Edward Clarke pressed that the trial of Mr. Oscar Wilde should stand over till the next sessions. But again Mr. Justice Wills refused. Precedent was silent now but prejudice was strong as ever.
The case against Taylor went on the whole day and was resumed next morning. Taylor went into the box and denied all the charges. The Judge summed up dead against him, and at 3.30 the jury retired to consider their verdict: in forty- five minutes they came into court again with a question which was significant. In answer to the judge the foreman stated that "they had agreed that Taylor had introduced Parker to Wilde, but they were not satisfied with Wilde's guilt in the matter."
Mr. Justice Wills: "Were you agreed as to the charge on the other counts?"
Foreman: "Yes, my Lord."