The Evening News - Friday, April 5, 1895

[...] is sinking deeper and deeper [...] where it becomes increasingly difficult to follow it. The fine verbal fencing of the first day has done little to relieve the horrible darkness of the succeeding passages of the trial, and even the Old Bailey recoiled with loathing from the long ordeal of terrible suggestion that occupied the whole of yesterday when the cross-examination left the artistic literary plane and penetrated the dim-lit, perfumed rooms where the poet of the beautiful joined with valets and [...] bond of the silver cigarette [...] And when Oscar Wilde left [...] the little light that had relieved the [...] of the picture died out, as Mr. [...] to paint a horrid nocturne of [...] suggestions, a thing of [...] only [...] but wholly horrible.

Curiosity, however, was as strong to-day as ever, and brought together if possible a larger crowd than that which on the two preceding days has filled the court. It was known that the defence had a large number of witnesses, [...] how many were to be called of the 15 persons as to whom Mr. Wilde was examined was unknown.

THE ABSENT OSCAR.

Day by day, in the miserable hour of waiting that precedes the sitting of the court, the scene is is curiously the same. Everyone is in the same seat, wedged in the same angle, or standing in the same corner: looking around not a face seems missing that was present on the morning the trial begun. As the time wears on, Lord Queensberry enters and leans nonchalantly against the dock, and after looking about him a moment climbs inside and sits down to read a paper. Everyone is looking for the prosecutor, who does not put in an appearance in court, though several letters addressed to "Oscar Wilde, Old Bailey, London," are awaiting him.

When the Judge taken his seat he is handed a cablegram from America, which he reads slowly.

FOR THE DEFENCE.

Mr. Carson at once went on with his speech. He had dealt fully, he said, with the literature in the case, and almost hoped that, so far as Lord Queensberry was concerned, he was absolutely on that ground [...] in bringing to a climax the connection between Mr. Wilde and his son. The rest of his duty was more painful, to comment on the remaining portion of the case. He had to bring before them the young men, one after the other, to tell their tales, for an advocate a most distasteful task. One word he would say—let those who would blame these young men remember they were mere sinned against than sinning. Mr. Carson then dealt with Mr. Wilde’s admission in cross-examination.

The learned judge sat with his face hidden in his hands, never raising it till Mr. Carson [...] the awful character of his speech by a protest against the slippancy of Mr. Wilde’s answers in the box. "No doubt he thought he was making smart repartees, souring off counsel, that is as it may be." Then to the [...] again.

SIR EDWARD INTERPOSES.

In the middle of Mr. Carson’s speech, Sir Edward Clarke rose and interposed. At once there was an electric shock, everyone knew something had happened.

Sir Edward, looking pale, said "My Lord, I interpose with a sense of great responsibility to make a statement as to what my friend said yesterday in addressing the jury on the question of the literature involved in this case and [...] references he had drawn from the [...] with regard to the letters by Mr. Oscar Wilde yesterday. My friend began his address this morning by saying he hoped yesterday that he had said [...] dealing with [...] to [...] detail with the other [...] who represent Mr. Oscar Wilde [...] have before them a [...] They could not [...] a judgment might be [...] improbably induce the [...] Lord Queensberry in [...] justification to [...] that he should be relieved .. forward [...] which [...] Under these [...] lordship [...] Mr. Oscar Wilde [...] guilty, having reference to that part of the particulars in connection with the literature of the case.

MR. CARSON SPEAKS.

Mr Carson, in a few words, raised no objection, but insisted on the point that Lord Queensberry had justified the libel, had said it was for the public benefit it should be published, and the verdict must be taken on those issues.

WHAT THE JUDGE SAID

The learned Judge then said that if both parties acquiesced it was not within his province or that of the jury to stand in the way of taking a [...] which would avoid going into prurient [...] But there would be no limitation of the verdict. The libel is either justified or not; there can be no limitation to the terms of the verdict, and I shall direct the jury to return a verdict that the libel was true in substance and a fact, and that it was for the public benefit that it was published.

THE VERDICT.

After a few moments consultation together on the part of the jury, the foreman intimated that they had arrived at their verdict that the libel was true.

The Clerk of Arraigns : Do you find the plea of justification proved?—Yes.

Mr. Carson: Lord Queensberry may be discharged ?

Mr. Justice Collins: Oh, certainly.

Lord Queensberry at once stepped out of the dock and joined his solicitor in the wall of the court.

There was applause in court, which, in contradiction to usual custom, was not immediately suppressed. There was little excitement outside the Court, very few people being present.

WHERE OSCAR WAS.

Oscar Wilde went to the Old Bailey, but did not enter the court. He had a consultation with Sir Edward Clarke in a room off the court, and while the learned gentleman was making his statement to the judge Wilde hurriedly left the building. The Exchange Telegraph Company has authority for stating that no warrant has been applied for, but on leaving the Court Mr. Charles Russell, Lord Queensberry’s solicitor, addressed the following letter to the Public Prosecutor :

"37, Norfolk-street, Strand."The Hon. Hamilton Cuffe, Esq.,"Director of Prosecutions.

"Dear Sir—In order that there may be no miscarriage of justice I think it my duty at once to send you a copy of all our witnesses statements, together with a copy of the shorthand notes of the trial."Yours faithfully,CHARLES RUSSELL,"The Treasury, Whitehall."

AT THE HOLBORN VIADUCT.

When Oscar left the Old Bailey he drove, in company with a companion, in his carriage which was in waiting, to the Holborn Viaduct Hotel. Shortly afterwards he was joined by Lord Alfred Douglas and another person and the four remained closeted in a private room. At one o’clock the four ordered luncheon to be served in another private room. Wilde’s carriage remains outside the hotel.

The Pall Mall Gazette - Friday, April 5, 1895

Mr. Carson continued his speech for the defence of the Marquis of Queensberry this morning at the Old Bailey. He now came, he said, to the more painful and distasteful part of this case, for he had to call, one by one, the subordinate actors in this hideous drama. Mr. Wilde's absurd explanation of his friendship with these lads was that there was something beautiful and charming about youth. Surely, if that were all, Mr. Wilde could have found youths of his own class and culture for his companionship, instead of these unemployed clerks, valets, and grooms who addressed the distinguished dramatist and litterateur as "Oscar." In fact, after hearing the evidence they would have to hear, the jury would wonder not that the rumours and scandals reached Lord Queensberry's ears, but that this man Wilde had been tolerated in society in London so long as he had. More audacious stories than Wilde had told had never been related in a court of justice. Doubtless Wilde thought that in many of his answers he was making smart repartees and scoring off counsel, but underneath it all was the incredibility and the disgraceful audacity of Wilde's explanations. Had he (counsel) endeavoured to prove that Wilde picked up the boy Alfonso Conway on Worthing beach, dressed him up, and took him to hotels and to champagne lunches, the jury could hardly have believed them ; but Wilde had had to admit it himself. Here came

A SENSATIONAL SURPRISE.

Sir Edward Clarke plucked Mr. Carson by the gown, and the indulgence of the Court was craved while counsel consulted. Mr. Wilde was not present in court, but the Pall Mall reporter was informed by one professionally engaged in the case that he was in the building. Sir Edward and his junior, Mr. Mathews, had both been out of the court for an interval before this surprise came. After a few moments' whispering, Mr. Carson retained his seat and Sir Edward Clarke rose and said: May I claim your lordship's indulgence while I interpose to make a statement, which of course is made under a feeling of very great responsibility? Mv learned friend Mr. Carson, yesterday addressed the jury upon the question of the literature involved in this case, and upon the inferences to be drawn from the admissions made with regard to letters written by Mr. Oscar Wilde; and my friend began his address this morning by saying he hoped yesterday he had said enough in dealing with those topics to induce the jury to relieve him from the necessity of dealing in detail with the other issues in this case. I think it must have been present to your lordship's mind that those who represented Mr. Wilde in this case have before them a very terrible anxiety. They cannot conceal from themselves that the judgment that might be formed on that literature and upon the conduct which has been admitted might probably or might not improbably induce the jury to say that Lord Queensberry, in using the word "posing" was using a word for which there was sufficient justification to entitle the father who used those words under these circumstances to the utmost consideration, and to be relieved of a criminal charge in respect of his statement. And with this in our view -- in our clear view -- that that might not improbably be the result upon that part of the case, I and my learned friends, who desire to be associated with me in this matter, had to look forward to this, that a verdict given in favour of the defendant upon that part of the case might be interpreted outside as a conclusive finding with regard to all parts of the case, and the position in which we stood was this, that

WITHOUT EXPECTING TO OBTAIN A VERDICT

in this case, we should be going through day after day an investigation of matters of the most appalling character. Under these circumstances I hope your lordship will think I am taking the right course, which I take after communicating with Mr. Oscar Wilde, and that is to say that, having regard to what has been referred to by my learned friend in respect of the matters connected with the literature and the letters, I feel he could not resist a verdict of not guilty in this case -- not guilty having reference to the word "posing." Under these circumstances I hope you will think I am not going beyond the bounds of my duty, and that I am doing something to save, to prevent, what would be a most terrible task, however it might close, if I now interpose and say on behalf of Mr. Oscar Wilde that I would ask to withdraw from the prosecution ; and if you do not think that at this time of the case, and after what has taken place -- if you do not think I ought to be allowed to do that on his behalf, I am prepared to submit to a verdict of not guilty, having reference, if to any part of the particulars at all, to that part of the particulars connected with the publication of "The Picture of Dorian Grey" and the publication of The Chameleon. I trust that may make an end of the case.

Mr. Carson: I do not know that I have any right whatever to interfere in any way with this application my learned friend has made. I can only say, as far as Lord Queensberry is concerned, that if there is a plea of not guilty, a plea which involves that he has succeeded in his plea of justification I am quite satisfied. Of course my learned friend will admit we must succeed upon the plea in the manner in which he has stated, and that being so it rests entirely with your lordship as to whether the course suggested by my learned friend is to be taken.

His Lordship: Inasmuch as the prosecutor in this case is prepared

TO ACQUIESCE IN A VERDICT OF NOT GUILTY

against the accused, I do not think it is any part of the function of the judge or jury to insist on going through prurient details which can have no bearing upon a matter already concluded by the assent of the prosecutor to an adverse verdict. But as to the jury putting any limitation upon the verdict of justification, the justification is one which is a justification of the charge, which is " posing as ----" If that is justified, it is justified; if it is not, it is not; and the verdict of the jury upon it must be guilty or not guilty. I understand the prosecutor to assent to a verdict of not guilty. There can be no terms, and no limitations. The verdict must be guilty or not guilty. I understand him to assent to a verdict of not guilty, and of course the jury will return that.

Mr. Carson: Of course the verdict will be that the plea of justification is proved, and that the words were published for the public benefit.

Sir E. Clarke: The verdict is not guilty.

The Judge: The verdict is "not guilty," but it is arrived at by that process.

THE JURY RETURNED A VERDICT

accordingly that the justification was proved, and that it was published for the public benefit, and that the accused was not guilty.

Mr. Carson said he presumed the costs of the defence would follow the verdict.

Mr. Gill and Mr. Mathews, with their long Old Bailey experience, reminded him that that followed by Act of Parliament. There remained nothing further but the formal discharge of the accused. Long before this, congratulatory handshaking had been going on, the Marquis leaning over the dock to reach the palms of his beaming friends. When the formal announcement of his discharge was made the Marquis left the dock amid a salvo of applause, which the officials of the court only halfheartedly attempted to stop.

AFTER THE VERDICT.

THE PUBLIC PROSECUTOR CONSULTED.

The Exchange Telegraph Company has authority for stating that no warrant has been applied for, but on leaving the court Mr. Charles Russell, Lord Queensberry's solicitor, addressed the following letter to the Public Prosecutor:-

37, Norfolk-street, Strand.

To the Hon. HAMILTON CUFFE, Director of Prosecutions.DEAR SIR,--In order that there may be no miscarriage of justice, I think it my duty at once to send you a copy of all our witness's statements, together with a copy of the shorthand notes of the trial. Yours faithfully, CHARLES RUSSELL.

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