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At the Central Criminal Court, yesterday, before Mr. Justice Collins, the Marquis of Queensberry again surrendered to his bail to further answer an indictment charging him with having published a defamatory libel of and concerning Mr. Oscar Wilde, by leaving a card containing a serious charge against him at Mr. Wilde’s club—the Albemarle. The Marquis of Queensberry pleaded justification. Sir Edward Clarke, Q.C., Mr. C. Matthews and Mr. Travers Humphreys prosecuted; Mr. Carson, Q.C., Mr. C.F. Gill. and Mr. A. Gill defended the Marquis of Queensberry; and Mr. Besley and Mr. Monckton watched the case on behalf of Lord Douglas of Hawick. Mr. Oscar Wilde was not present in court.

Mr. Carson, Q.C., proceeded with his speech for the defence. He contended that he had already shown, from Mr. Wilde's writings and admissions, that Lord Queensberry was absolutely justified in bringing to a climax this question been Mr. Wilde and his (Lord Queensberry’s) son. Distasteful as the task would be to him, he had now to discuss the more painful part of the case, viz., the evidence which it would be his duty to lay before the jury. Mr. Carson then proceeded to describe the nature of the evidence in support of the plea of justification and was alluding to the doings of Mr. Oscar Wilde at the Savoy Hotel, doings in regard to which, he said, the wonder was, not that they reached the ears of the Marquis of Queensberry, but that, in the face of such rumours, Mr. Wilde had been tolerated in society in London the length of time he had.

Sir Edward Clarke, Q.C., who, with Mr. Matthews, have left the court during Mr. Carson’s address, and who now returned, after a hurried conversation with Mr. Carson, rose, and addressing his lordship, said: Will you allow me to interpose at this moment and to make a statement which is, of course, made under a feeling of great responsibility. My learned friend, Mr. Carson, yesterday addressed the jury upon the question of the literature involved in this case and from the inferences to be drawn from the admissions made by and the letters read yesterday with regard to Mr. Oscar Wilde. My learned friend began his address this morning by saying that he hoped that he had said enough yesterday, dealing with those topics, to induce the jury to believe from the necessity of dealing in detail with other issues of this case. My lord, I think it must have been present to your lordship’s mind that those representing Mr. Oscar Wilde in this case have before them a very terrible anxiety. We could not conceal from ourselves that the judgement that might be formed of that literature and of the conduct which has been admitted, might not improbably induce the jury to say that when Lord Queensberry used the words that he did, he was using words of which there was sufficient justification to entitle a father to use, and, under these circumstances to be relieved from a criminal charge in respect of that statement. That being our clear view—that that would not improbably be the result of the issue of that part of the case—I and my learned friends, who desire to be associated with me in this matter, have to look forward to this—that the verdict given in favour of the defendant on 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 by day, it might be, matters of a most appalling character. Under these circumstances, I hope your lordship will think that I am taking the right course, which I take after communication with Mr. Oscar Wilde, and having regard to what has already been referred to by my learned friend, in respect to the matters connected with the literature and letters, when I say that I feel we could not resist a verdict of not guilty in this case. I hope, therefore, that your lordship will not think I am going beyond the bounds of my duty and that I am doing something to save and to prevent what would be most terrible task, however it might close, if I now interpose, and say on behalf of Mr. Oscar Wilde that he would ask to withdraw from the prosecution. If your lordship does not think, after what has taken place, that I ought to be allowed to do that, on his behalf, my lord, 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 connected with the publication of "Dorian Grey" and "The Chameleon." I trust that this suggestion may meet with the approbation of the Court and my learned friend.

Mr. Carson—I do not know that I have any right whatever to interfere in any way in the 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 would admit that we must succeed on that plea in the manner in which he has said, and, that being so, it will rest entirely with your lordship as to whether the course suggested by my learned friend ought to be taken.

Mr Justice Collins—Inasmuch as the prosecutor in this case is prepared to acquiesce in verdict of not guilty against the accused, I do not think it is any part of the function of the judge or of the jury to insist on going into details which can have no bearing on the matter which is already concluded by the assent of the prosecutor to an adverse verdict. But as to jury putting any limitation on their verdict, the justification is one which is a justification or not of the charge. If that is justified it is justified, and if it is not it is not, and the verdict of the jury upon it must be Guilty or Not Guilty. As I understand the prosecutor assents to a verdict of Not Guilty, there can be no terms, there can be no limitations—the verdict must be Guilty or Not Guilty; and as I understand the prosecutor assents to a verdict of Not Guilty, the jury will of course return that verdict.

Mr. Carson—The verdict will be that the plea of justification is proved, and that it is for the public benefit.

Mr. Justice Collins—Of course that is involved in the verdict.The verdict will be not guilty, but it is arrived at by that process. I should have had to tell the jury that two things ought to be established. One, that the justification set up was true, and secondly, that the statement was published in such a manner as to be for the public benefit. If they find those two things in favour of the defendant then he would be entitled to a verdict of not guilty. That is, I understand, the right verdict to which the jury ought to come. You will have to say whether you find complete justification has been proved or not.

The jury, without leaving the box, almost immediately came to a conclusion, the foreman stating that they found the plea of justification had been proved, and that the defendant was not guilty, the foreman adding: And we also find that it was published for the public benefit. (Applause.)

Mr. Carson, Q.C.,—Costs to the defendant will follow?

Mr. Justice Collins—You are entitled to it.

Mr. Carson, Q.C.,—May I ask that Lord Queensberry be discharged?

Mr. Justice Collins—Certainly.

As the Marquis quitted the dock there was loud applause in the court, no attempt being made to suppress it, and he was immediately surrounded and congratulated by his friends. The court adjourned until Monday.

—

At Bow-street Police-court yesterday afternoon Mr. Angus Lewis, of the Treasury Solicitors' Department, attended before Sir John Bridge and made a private application, which it was understood resulted in the issue of a warrant for the apprehension of Mr. Oscar Wilde on certain grave charges. At any rate, that gentleman was arrested between six and seven o'clock in the evening at the Cadogan Hotel, Sloane-street, and conveyed to Bow-street Station after a short visit to Scotland Yard. He will be brought before the magistrate to-day.

—

Sir,—on behalf of Messrs. Gay and Bird, the publishers of the first and only number of this publication, we ask you to be good enough to allow us to say through your columns that our clients, of their own act, stopped the sale directly they were aware of the contents of the magazine. Such sale was not stopped at the request of the contributor or anyone else. They were requested to renew the sale and refused. Had the trial proceeded we should, at the proper time, have tendered our clients to give the above facts in evidence.—We are, your obedient servants,

WARD, PERKS, and McKAY.

WARD, PERKS, and McIKAY.

85, Gracechurch-street, E.C.

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.