London Daily News - Saturday, April 6, 1895

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.

The Yorkshire Evening Post - Friday, April 5, 1895

The hearing of the libel action brought by Mr. Oscar Wilde against the Marquess of Queensberry was resumed to-day at the Central Criminal Court, before Mr. Justice Collins and a common jury. Sir E. Clarke, Q.C., M.P., Mr. C. Mathews, and Mr. Travers Humphreys are counsel for Mr. Oscar Wilde; Mr. R. Carson, Q.C., M.P., Mr. C. F. Gill, and Mr. A. Gill appeared for the Marquess; and Mr. Besley, Q.C., and Mr. Monckton held a watching brief for Lord Alfred Douglas of Hawick.

The galleries and body of the court were again thronged by half-past nine o'clock, and until the reappearance of the learned judge barristers and numbers of the public spent their time in purusing the reports in the morning papers of yesterday's proceedings. From the floor of the building to the ceiling printed broadsheets were everywhere visible, the noisy rustling of the papers mingling with the incessant chatter going on as to the prospects of the case.

Lord Queensberry had this morning made a slight change in his attire. Entering the dock with a confident air he threw off a great coat disclosing an under garment of a moss-green hue and a neat white silk necktie. His Lordship occupied himself with a newspaper until Mr. Justice Collins appeared.

Mr. Carson resumed his address for the defence at half-past ten o'clock with the observation that he hoped he had justified Lord Queensberry in the bringing to a climax in the way he did the connection between his son and Mr. Oscar Wilde. He had now a more painful duty to approach. He had to comment upon other evidence which was supplemental to what he might call plain, clear, and admitted facts. It would be his painful task to call these several young men to tell their own tale. He would show that Taylor acted as an intermediary for Wilde. It had been said by Wilde in the witness-box that he wished to break down social distinctions. That might be a noble and generous instinct, but Wilde had not shown very generous instincts in his treatment of these youths. Declaring with much emphasis, "It is a wonder this man Wilde has been tolerated in London society so long as he has," Mr. Carson proceeded to give details as to conduct at the Savoy Hotel, and elsewhere, which cannot be even indicated. "I regret," proceeded the learned counsel, "to be obliged to put into the witness-box the young man Parker, for he has since entered the service of his country, and has had no black mark against him. Since putting on Her Majesty's uniform he bears an excellent character, and I trust his past experience has been a lesson to him." Mr. Carson then characterised Wilde's behaviour in regard to the fisher-boy at Worthing as an instance of his disgusting audacity. He picked this boy up on the pier, introduced him to his family, dressed him up as a gentleman, and put public school colours upon his hat. The facts in regard to this boy would not have been accepted had they been proved out if any person's mouth, except that of Wilde himself. They almost passed belief.

Mr. Carson was continuing his argument, when Sir Edward Clarke and Mr. Mathews retired from the court for a moment.

The plaintiff Wilde had up to this point been absent.

On Sir Edward Clarke returning he gave a whispered intimation to Mr. Carson, who thereupon resumed his seat.

Sir E Clarke, then rising, said:—My Lord—I here interpose to make a statement which I do under a feeling of gravest responsibility. Mr. Carson yesterday addressed the jury upon the question of the literature involved in this case, and upon inferences to be drawn from admissions made with regard to the letters of Mr. Oscar Wilde. My learned friend began his address this morning by saying I that he hoped he had yesterday said enough in dealing with these topics to influence the jury, and to relieve them from the necessity of dealing in detail with the other issues in this case. I feel it must have been present to your Lordship's mind that those representing Mr. Oscar Wilde had before them a very terrible anxiety They could not conceal from themselves that the judgment that might be formed of the literature and of conduct which bad been admitted might not improbably induce the jury to say that when Lord Queensberry used those words which constituted the libel be was using words for which there was sufficient justification -that as a father he was entitled to use those words under the circumstances, and to be relieved from a criminal charge in respect of the statement. In our view we thought 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 have looked forward to a verdict given in favour of the defendant upon that part of this case, and that such a verdict might be interpreted outside as a sufficient justification with regard to all other points. The position in which we stood was that without expecting to obtain a verdict we should be going on-from day to day, it might be-with a large amount of evidence in the investigation of matters of the most appalling character. Under these circumstances I hope your Lordship will think I am taking a right course, which I take after communicating with Mr. Oscar Wilde, in saying that having regard to what has already been adduced by my learned friend, Mr. Carson, in respect of the matters connected with the literature and the letters, I feel that he could not resist a verdict of not guilty in reference to the words which constituted the libel. Under these circumstances I hope your lordship will not think I am going beyond the bounds of duty, and that I am doing something to avoid what would be a most terrible task if I now interpose and say on behalf of Mr. Oscar Wilde that I ask to withdraw from the prosecution, and that I am on his behalf prepared to submit to a verdict of not guilty in respect of that part of the particulars connected with the publication of "Dorian Grey" and the Chameleon.

The statement of the hon. and learned gentleman produced a profound sensation in the crowded court.

Mr. Carson: I do not know, my lord, that I have any right to interfere at this stage in any way except to submit that as far as Lord Queensberry is concerned, if there is to be a verdict of not guilty, it involves also a verdict of justification. If your lordship takes that view I am satisfied. We must succeed in that plea, and upon that depends whether the course suggested by my learned friend can be adopted.

Mr. Justice Collins: As to the jury putting any limitation upon the verdict the charge contained in the words which constituted the libel is either justified or it is not justified. The verdict of the jury must be guilty or not guilty, and I understand the prosecution assent to a verdict of not guilty. There can be no limitation, and if the jury assent to the course suggested they will return a verdict of not guilty, and they will find that the justification set up was true in substance and in fact, and that it was published for the public benefit.

The jury consulted for a moment, and the Foreman in reply to the usual question said, "We find the defendant not guilty."

The Clerk of the Court: And do you also find that the plea of justification was true in substance and in fact?

The Foreman: We do, and that it was published for the public benefit.

Mr. Carson at once asked that Lord Queensberry be discharged from custody.

Mr. Justice Collins intimated his assent, and replying to a question from the learned counsel also certified for costs.

The Marquess was congratulated as he descended the steps of the dock to the well of the Court.

The feelings of the public and the bar found vent in a flood of excitable conversation, and with the disappearance of the learned judge from the tribunal the scene ended, and the court was rapidly cleared.

The Exchange Telegraph Company says that the evidence and full shorthand notes have been sent to the Public Prosecutor by Lord Queensberry's solicitor, that there may be no miscarriage of justice.

Those who have followed the reports of the miserable case which came to such a sensational end this morning will not—the Globe surmises—be surprised at the result. After the evidence given yesterday by Mr. Oscar Wilde, he was well advised in withdrawing from the case, and the Marquess of Queensberry may be congratulated upon having entirely justified the action which he took to rescue his son from his very undesirable companionship.

There was loud applause, and practically no attempt made to suppress it, as Lord Queensberry stepped out of the dock and joined his solicitor in the well of the court. Amid general excitement over the sensational nature of the end to a sensational case the court was rapidly emptied of its crowded audience.

It appeared that Mr. Oscar Wilde had been somewhere in the precincts of the court. His brougham was in waiting, and he stepped rapidly into it, calling to the coachman to drive to the Holborn Viaduct Hotel. Before the carriage had stopped at the door of the hotel he thrust his arm and a gold-headed cane out of the window, and signalling to a man who stood here apparently waiting, hoarsely cried, "The verdict not guilty." They entered the hotel together, and shortly afterwards Lord Alfred Douglas was also seen to go into the hotel.

The Exchange Telegraph Company states that Mr. Oscar Wilde went to the Old Bailey this morning, but did not enter the precincts of the court. He had a consultation with Sir Edward Clarke in a room off the court, and while counsel was making his statement to the Judge Mr. Wilde hurriedly left the building.

LETTER TO THE PUBLIC PROSECUTOR.

The same agency 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, E-q., 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.

The feeling in London against Wilde is very strong, and the public indignation finds vent in the freest expressions of opinion.

A LETTER FROM WILDE.

Is it a joke? The Evening News has received the following letter from Oscar Wilde, written on the note-paper of the Holborn Viaduct Hotel:—

To the Editor,—It would have been impossible for me to have proved my case without putting Lord Alfred Douglas in the witness-box against his father. Lord Alfred Douglas was extremely anxious to go into the box, but I would not let him do so. Rather than put him in so painful a position I determined to retire from the case, and to bear on my own shoulders whatever ignominy and shame might result from my prosecuting Lord Queensberry. Oscar Wilde.

WHERE IS OSCAR?

According to the St. James's Gazette a rumour is current that Wilde has already quitted the country. If so, he must have lost no time. It is to be presumed, however, that the police authorities have not been guilty of the laxity of allowing him to do anything of the kind. They must have been aware, after the turn the case took yesterday, that their services might be called for; and they will have grossly neglected their duty if they have permitted him to leave the country. Perhaps it may, in charity, bee hoped that Wilde himself has some innocent explanation of the circumstances that look so damning against him, and is himself anxious to stay and meet his accusers.

WILDE'S RENDEZVOUS.

There is some ground for supposing that the "Prosecutor" had appointed the Viaduct Hotel as a rendezvous with his particular friends. Within half-an-hour of his arrival there several gentlemen arrived hurriedly, and were conducted at once to the rooms which had been reserved for Mr. Wilde since yesterday. The brougham, with two smart little brown horses, was driven slowly up and down the Viaduct, pausing once while the coachman received instructions from Lord Alfred Douglas, who came out bareheaded with the hall porter. These movements were closely watched in a number of interests, and it is reported that Scotland Yard was keeping a provisional eye on the hotel. The hotel, it may be stated, is at the terminus of a railway running to the Continent.

LORD QUEENSBERRY IS TRIUMPHANT.

Mr. Oscar Wilde may now, says the Echo, change places with Lord Queensberry and go into the dock himself and have Lord Queensberry's evidence against hun. He appears to have illustrated in his life the beauty and truthfulness of his teachings. He said, in cross-examination, that he considered 'there was no such thing as morality, and he seems to have harmonised his practice with his theory. The counsel for the prosecution, the judge and jury, are entitled to public thanks for abruptly terminating the trial and so preventing the publication of probably revolting revelations. The best thing for everybody now is to forget all about Oscar Wilde, his perpetual posings, his aesthetical teachings, and his theatrical productions. If not tried himself, let him go into silence and be heard of no more.

SIGNIFICANT TALK AT BOW STREET.

At half-past two this afternoon Mr. Angus Lewis, of the Treasury, attended at Bow Street, accompanied by Detective-inspector Brockwell, of Scotland Yard, and had a private conversation with Sir John Bridge. It is understood the learned counsel asked whether it would be convenient for the magistrate to take a certain case to-day in reference to the recent libel suit at the Old Bailey.

A PLAY TO BE ABANDONED.

The Sun states that the issue of the warrant is imminent, and that the reproduction of one of Oscar Wilde's plays has been abandoned.

A CONSULTATION.

Sir John Bridge proceeded this afternoon to the Treasury, and cases stood over until his return to Bow Street.

WITHDRAWN FROM THE PLAYBILLS.

Mr. Moreli, of the Haymarket Theatre, and Mr. Alexander, of the St. James's, have withdrawn Oscar Wilde's name from the playbills.

QUEENSBERRY'S LAST WORD TO OSCAR.

The Marquess of Queensberry said to an Evening News reporter this afternoon:—

"I have sent a message to Oscar, saying: 'If the country allows you to leave all the better for the country, but if you take my son with you I will follow you wherever you go and shoot you."

A WARRANT APPLIED FOR.

The Central News says:—It is understood that a warrant in connection with the libel case was applied for at five o'clock this evening, and it is believed that the application was granted. The application was made in Sir John Bridge's private room, and the officials are reticent on the subject. Mr. Charles Russell and Mr. Angus Lewis, of the Treasury, were in attendance, and it is further understood that the application for the warrant was made by them.

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