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.

London Star - Friday, April 5, 1895

When the court adjourned last evening Mr. Carson, Q. C., was in the middle of one of the most pitiless and scathing opening speeches ever heard within the four walls of the Old Bailey. Mr. Oscar Wilde had dicussed at length the grounds for accusing the Marquess of Queensberry of criminally libelling him. He had been searchingly cross-examined. Now Mr. Carson was undertaking to demonstrate that even the cross-examination had fallen short of exposing the real gravity of the case against Mr. Wilde. The earlier stage of the case had been redeemed from utter offensiveness by the brilliancy of Oscar's sparring with a dogged assailant. Now Oscar was out of it, and the proceedings treatened to sink into matter unreportable.

Oscar could not be seen this morning, and excited exclamations began at half-past ten to find sensational reasons for the unexpected non-appearance. The Marquess of Queensberry arrived before the half-hour, and was very civilly handed into the dock and relieved of his overcoat and hat. Sitting there like a rather rusty house-servant, with an untidily-tied white scarf sticking up above the ill-fittng collar of his discolored coat, he quietly perused a newspaper till the three premonitory taps announced the coming of Mr. Justice Collins, when he came up to attention at the front of the dock.

MR. CARSON LOOKED HAGGARD

and ill, and his saturnine face appeared even more drawn and lined than is usual, when he rose to resume his denunciatory address. Still Mr. Wilde had not arrived. It was the more painful part of the case, said Mr. Carson, to which he was now coming. It would be his painful duty to bring before the jury the young men whose names had already been mentionned. Let those who were inclined condemn these lads for allowing themselves to be dominated, misled, and corrupted by Mr. Oscar Wilde. But at least let them remember the relative positions of the parties, and they would realise that the younger men had been more sinned against than sinning.

There was a close similarity, said Mr. Carson, between the history of all the cases, and there could be no doubt that Taylor's position was that of procurer for Wilde. It was Taylor who first met the lad named Parker in a restaurant in Picadilly. If his relations with Wilde were innocent, what an idea of Wilde's tastes he must have had to bring a groom and a valet to dine woth him. Charlie Parker would tell for himelf the story of what happened when,

PLIED WITH WHISKY AND CHAMPAGNE,

he was taken by Wilde to the Savoy Hotel. When they had heard the story the jury would wonder less that gossip and scandal reached Lord Queensberry's ears than that "this man Wilde" had been tolarated in society in London as long as he has. "No doubt in many of his answers yesterday Mr. Wilde thought he was making a smart repartee, and scoring off counsel." But now the bail was at Mr. Carson's feet, and he kicked it pitiliessly. As if by prophetic instinct of what in a few moment was to happen, he added with reference to the seeming candor of Mr. Wilde as to his friendship with these lads, "he knew we had all the evidence," and he preferred to discount it as far as possible in advance.

SIR. E. CLARKE WITHDRAWS.

At this point Sir Edward Clarke touched Mr. Carson's arm, and whispered a word in his ear. "Will your lordship excuse me?" said Mr. Carson, and returned his seat. Sir Edward Clarke was in earnest conversation with Mr. Mathews. Then, very slowly, he rose to address the judge. "Your lordship," he said, "I rise to make a statement under a feeling of very great 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 the admissions made by Mr. Oscar Wilde in regard to letters, and began his address this morning by saying he hoped yesterday that he had said enough upon these topics to induce the jury to relieve him from the necessity of dealing in detail with the other issues of the case. It must have been present to your lordship's mind that those representing Mr. Oscar Wilde in this case had before them

A VERY TERRIBLE ANXIETY

that they could not conceal from themselves that the judgment that might be formed of that literature of conduct which had been admitted might not improbably induce the jury to say that when Lord Queensberry used the words of the libel, he was using words for which there was sufficient justification to entitle a father who had used these words in these circumstances to the upmost consideration, and to be relived from a criminal charge in respect to the statement. And, my lord, in our clear view that that may 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 to look forward to this--that a verdict given in favor of the defendant upon that part of the case might be interpreted outside as a conclusive finding with regard to all points of the case; and the position in which we stood was this--that, without expecting to obtain a verdict in this case, [...] be going on from day to day, it might be with long evidence to investigate matters of

A MOST APPALLING CHARACTER.

In these circumstances I hope your lordship will think that I am taking a right course--which I take after communicating with Mr. Oscar Wilde--and it is to say that, having regard to what has already been referred to by my learned friend with respect of the matters connected with the literature and letters, I feel he could not resist a verdict of not guilty--having regard to the words "posing as." In these circumstances I hope your lordship will think I am not going beyond the bounds of duty, and that I am doing something to save and prevent what would be a most terrible task, however it might close, if I know interpose to say on behalf of Mr. Oscar Wilde that I would ask to withdraw from the prosecution. And if your lordship does not think at this time in the case, after what has taken place that I should 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 connected with the publication of "Dorian Gray."

THE SENSATIONAL END.

This statement had been followed by everybody in court with the most breathless attention, and a long-drawn inspiration audibly followed its closes.

Mr. Carson said he had no right to interfere with the application his learned friend had made. He could only say so far as Lord Queensberry was concerned that if there was a plea of not guilty it would involve a verdict that he had succeeded in his plea of justification. With that Mr. Carson was quite satisfied.

Mr. Justice Collins: Inasmuch a the prosecuter 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 on the matter already concluded by the assent of the prosecutor to an adverse verdict. But as to the jury putting any limitations on the verdict as to the justification, if the words used are justified

THEY ARE JUSTIFIED,

if they are not they are not. The verdict of the jury must be guilty or not guilty, and I understand the prosecutor to assent to a verdict of not guilty. There can be no limitation. The verdict will be not guilty. I shall put to the jury two things--that the justification set up was true in substance and in fact, and that the statement was published in such a manner as to be

FOR THE PUBLIC BENEFIT.

The jury at once reached a verdict accordingly, amid loud applause.

Mr. Carson: Lord Queensberry may be discharged?

Mr. Justice Collins: Oh, certainly.

There was again loud applause, and little attempt was made to suppress it, as Lord Queensberry stepped out of the dock and joined his solicitor to the wall 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 Holdorn 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 there, apparently waiting, hoarsely cried, "The verdict, not guilty ?" Afterwards Lord Alfred Douglas was also seen to go into the hotel.

WHAT WILL HAPPEN NOW ?

The Exchange Telegraph Company states that Oscar Wilde went to the Old Bailey this morning, but did not enter the precincts of the court. He held 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. No warrant has been applied for, but on leaving the court Mr. Charles Russell, Lord Queensberry's sollicitor, addressed the following letter to the Public Prosecutor:--

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.

PRIVATE TALK AT BOW-ST.

At half-past two this afternoon Mr. Angus Lewis, of the Treasury, attended at Bow-st., 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 ask a certain case to-day in reference to the recent libel suit at the Old Bailey.

"WAITERS" AT THE HOTEL.

There is some ground for supposing that the "prosecutor" had appointed the Viaduct libel 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 have 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.

Lord Alfred Douglas and a friend left the hotel and drove to the London and Westminster Bank. St. James's-sq. They were seen to enter and draw money at the counter.

CURIOSITY AT THE COMMONS.

Our Lobby correspondent writes:--Members of Parliament shared the prevailing curiosity in regard to the Wilde-Queensberry case. It was nearly seven o'clock before Sir Edward Clarke reached the House last night, but the moment he set foot in the Lobby he was surrounded by hon. gentlemen anxious for information concerning the latest developments. Sir Edward Clarke never objects to discuss what has happened in court, but when people try to pump him beyond reason, he withdraws into his shell.

Highlighted DifferencesNot significantly similar