Compare Documents

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.

LONDON, April 5.

The hearing of the charge against the Marquis of Queensberry of criminally libelling Mr. Oscar Wilde was resumed this morning at the Central Criminal Court, before Mr. Justice Henn Collins. The defence was a justification of the libel. The counsel for the prosecution were Sir E. Clarke, Q.C., Mr. C. Mathews, and Mr. Travers Humphreys. Mr. Carson, Q.C., Mr. C. F. Gill, Q.C., and Mr. A. Gill appeared for Lord Queensberry; while Mr. Besley, Q.C., and Mr. Monckton watched the case for Lord Douglas of Hawick, the eldest son of the Marquis.

The public galleries were again crowded, the greatest interest being shown in the proceedings. His lordship took his seat at half-past ten. Mr. Oscar Wilde was not present when Mr. Carson rose to resume his speech for the defence.

Mr. Carson said that at the adjournment yesterday he had dealt as fully as he intended to deal with the question of Wilde's connection with the literature that had been produced in this case, and also with the two letters that had been read, and he almost hoped that he had sufficiently demonstrated upon these matters, which were not really in dispute, that Lord Queensberry was absolutely justified in bringing to a climax, in the way that he did, the question of the connection between Mr. Oscar Wilde and his son. He had, unfortunately, a more powerful part of the case now to approach. It would be his painful duty to bring before the jury those young men, one after another, to tell their tale. It was, of course, even for an advocate, a distasteful task; but let those who were inclined to condemn these men for allowing themselves to be dominated, misled, and corrupted by Oscar Wilde remember the relative position of the two parties, and that they were men more sinned against than sinning. He was not going in great detail to criticise the evidence of Wilde with regard to the several transactions as to which he crossexamined him. There was a general observation applicable to all the cases. There was a startling similarity between each of them, on Wilde's own admission, which must lead the jury to draw the most painful conclusions. There was the fact that in not one of these cases were the parties upon an equality with Wilde in any way. They were not educated parties such as he would naturally associate with, they were not his equal in years, and there was a curious similarity between the ages of each of them. Mr. Wilde said that there was something beautiful and charming about youth that led him to adopt the course he did, but was he unable to find more suitable companions who were at the same time young among the youths of his own class? The thing was absurd. His excuse in the box was only a travesty of what was the reality of the matter. Who were these young men? They were out of employment, and of their antecedents Wilde professed to know nothing. All of them were from 18 to 20 years of age, or thereabouts, and in the manner of their introduction to Wilde and his subsequent treatment of them all were in the same category, leading to the same conclusion, that there was something unnatural and what might not ordinarily be expected in the relations between them. Parker was a gentleman's servant out of employment. He and his brother were in a restaurant in Piccadilly and were met by Taylor, and when a day or two later Wilde gave Taylor a dinner on his birthday, telling him to bring any friends he liked, what an idea he must have had of Wilde's taste when he brought a groom and a valet! If that one fact was true-and the main features had been admitted by Wilde-why did Taylor speak to those young men at all, and why did he bring them to dine with Wilde? There could be no explanation of these matters but the one that Taylor was the procureur for Wilde. They would hear from Parker, when he came to tell his unfortunate story, that he was poor, out of place, and fell a victim to Wilde. He would tell them that on the first evening they met Wilde addressed him-the valet-as Charlie, and that he addressed this distinguished dramatist, whose name was being spoken everywhere in London as the author of a most successful play, as Oscar. He did not wish to say anything about Wilde's theories of putting an end to social distinctions. It might be a very noble and generous instinct in some people to wish to level down all social barriers; but one thing that was plain in this case was that Wilde's conduct was not regulated by any very generous instincts towards these young men. If he wanted to assist Parker was it of benefit or a man in Wilde's position in society and literature to take him to a magnificent dinner and prime him with the best champagne? All the ridiculous excuses of Wilde would not bear a moment's examination. Wilde pretended that, the whole of these dinners and lunches were mere generous actions on his part. He gave no explanation of why he had that suite of rooms at the Savoy Hotel. It was a large hotel, and Wilde had no difficulty in taking Parker into his rooms, where he treated him with whiskey and sodas, and some of that iced champagne which his doctor forbade Wilde to have, and so worked him up to what followed. There had been no open scandal at the Savoy Hotel; but a man could not live that kind of life without gossip going abroad, and reports being circulated in the circles in which he mixed. After they had heard the evidence from the Savoy Hotel they could wonder, not that the gossip reached Lord Queensberry's ears, but that the man Wilde had been tolerated for years in Society as he had. He referred to the youth Parker, who was coming there with the greatest reluctance, and was now earning for himself a good character in the country, and Wilde's dealings with the boy Conway.

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. 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: Will your lordship allow me to interpose and make a statement, which is, of course, made under a feeling of very grave responsibility? My 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 admissions made with regard to the letters read yesterday my learned friend began his address by saying that he hoped the need of having the jury deal with those details could be avoided. I think it must have been present to your mind that the representatives of Mr. Oscar Wilde have before them in this case a very terrible anxiety. They could not conceal from themselves the inferences which might be drawn might not improperly induce the jury to say that when Lord Queensberry used the words "posing as a --" he was using words for which there was a sufficient justification for a father to use. That in our view might not be an improbable result of that part of the case. I and my learned friends who are with me had to look forward to this-that a verdict given in favour of the defendant upon that point might be regarded as a finding with regard to all parts of the case. The position we stood in was that, in view of the finding of a verdict, we would be going through long evidence dealing with matters of a most appalling character. In these circumstances, I hope your lordship will think I am taking the right course of action. Having regard to what has been already said in respect of the literature and of the letters, I feel that I could not resist a verdict of not guilty in this case-not guilty, that is, having reference to the words "posing as --." In these circumstances I hope your lordship will think that I am not going beyond the bounds of duty, and that I am doing something to save and to prevent what would be a most terrible task, however it might close, if I now interpose to say that, on behalf of Mr. Oscar Wilde, I would ask to withdraw from the prosecution. If your lordship does not think that at this time of the case, and after what has taken place, I ought to be allowed to do this, I am prepared to submit to a verdict of not guilty, having reference-if to any part of the particulars-to that part of the particulars which is connected with the publication of "Dorian Gray" and with the publication of the Chameleon. I trust, my lord, that 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. His lordship: The verdict is "not guilty," but it is arrived at by that process.

The jury then 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.

The verdict was received with applause, and becoming known in the streets, there was a demonstration of approval on the part of a large crowd.

Mr. Carson: The costs will follow. May I ask that Lord Queensberry should be discharged? His lordship: Certainly.

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 half-heartedly attempted to stop.

Mr. Wilde left the Old Bailey a few minutes before sir Edward Clarke made his withdrawal. He drove in his carriage, drawn by a pair of horses, to the Holborn Viaduct Hotel, where he has been lunching daily during the trial. Here Mr. Wilde, Lord Alfred Douglas, Mr. Wilde's solicitor, and one or two other gentlemen remained for some time in consultation.

On leaving the court 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.

The Marquis of Queensberry said to a Press representative 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.' "

Letter from Oscar Wilde.

The Evening News states that it has received the following letter from Oscar Wilde, written on the notepaper 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."

"An Ideal Husband," Oscar Wilde's society play, comes to a timely finish at the Haymarket to-morrow evening, and it is understood that the project for reviving it at the Criterion has been abandoned.

The name of Mr. Oscar Wilde has been removed from the playbills and programmes of the Haymarket and St. James's Theatres.