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.

The Morning Post - Saturday, April 6, 1895

The hearing of the charge against the Marquis of Queensberry of maliciously publishing a false and defamatory libel concerning Mr. Oscar Wilde was yesterday resumed before Mr. Justice Collins at the Central Criminal Court.

Sir Edward Clarke, Q.C., Mr. C. Mathews, and Mr. Travers Humphreys appeared for the prosecution; Mr. Carson, Q.C., Mr. C. F. Gill, and Mr. A. Gill for the defence; and Mr. Besley, Q.C., and Mr. Monckton watched the case on behalf of Lord Douglas of Hawick.

Mr. Wilde did not make his appearance in Court, but it was understood that he was within the building.

Mr. Carson, continuing his speech for the defence, said that he almost hoped that he had on the previous day sufficiently demonstrated upon the matters that were not really in dispute—that Lord Queensberry was absolutely justified in bringing to a climax in the way he did the question of the relationship between Mr. Wilde and his son. It would, however, be his painful duty to bring before the Jury, one after the other, the young men referred to, to give their versions of the story. One startling similarity between all of the cases was that none of the young men were in any way on a social equality with Mr. Wilde. They were not educated people such as he would naturally associate with, nor his equals in age, and could he not easily have found companions to please his expressed ideas of youth and beauty among people of his own class? The whole thing was absurd. It might be a very noble and generous instinct to wish to throw down all social barriers; but if Mr. Wilde had desired to benefit the young men whose acquaintance he made, surely he could have found a better way of doing so. The ridiculous explanation given by the prosecutor would not bear a moment's examination. Then there was no sufficient explanation as to why he took the suite of rooms at the Savoy Hotel; but when they heard the evidence of the various witnesses that he would call, they would wonder not that the gossip about Mr. Wilde had reached Lord Queensberry's ears, but that Wilde had been tolerated, as he had been, for years in society.

While the learned counsel was further elaborating his case, Sir Edward Clarke came into Court, and, interrupting Mr. Carson, entered into a brief consultation with him.

Sir Edward Clarke, then rising, said—Perhaps your Lordship will allow me to interpose at this moment in order to make a statement, which I, of course, make under a feeling of 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 the admissions made with regard to the letters to Mr. Oscar Wilde which were read yesterday. My learned friend began his address this morning by saying that he had hoped that be had said enough yesterday in dealing with these topics to enable him to be relieved of the necessity of dealing in detail with the other issues in this case. I think it must be present to your Lordship's mind that those who are representing Mr. Wilde have before them a very terrible anxiety. They cannot conceal from themselves the fact that the judgment that may be formed of that literature, and of the conduct which has been admitted by Mr. Wilde, might not improbably induce the Jury to say that when Lord Queensberry used the words complained of, he was using words for which there was sufficient justification for a father using under the circumstances—words which entitled him to the utmost justification, as well as relieving him from the criminal charge in respect to his statement. It being our clear view that that might not improbably be the result upon that part of the case, I and my friends, who desire to be associated with me in the matter, had to look forward to this, that a verdict given in favour of the defendant on that part of the case might be interpreted outside as a conclusive finding in 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, day after day, through long evidence, and into an investigation of matters of a most appalling character. In these circum- stances I hope your Lordship will think that I am taking the right course—a course which I am taking after communication with Mr. Oscar Wilde—and that is, that having heard what has been already said by my learned friend in respect to matters connected with the literature and the letters, I feel that we could not resist a verdict of not guilty in respect to the words of the libel. I hope your Lordship will not think I am going beyond the bounds of duty in doing what I can to prevent what would be a most terrible task, however it might close, if I now interpose on behalf of Mr. Oscar Wilde, and ask leave to withdraw from the prosecution. (Applause.) If your Lordship does not think that at this point in the case, 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 which is connected with the publication of "Dorian Gray" and the publication of the Chameleon. I do trust, my Lord, that my application may make an end to the case.

Mr. Carson—l 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 complete 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 a 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. But as for putting any limitation on the verdict, the justification is one which is a justification 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 will assent to a verdict of not guilty. There can be no terms. There can be no limitation of the verdict, which must be guilty or not guilty. Of course tho Jury will return a verdict of not guilty.

Mr. Carson—The verdict will, of course, be that complete justification is proved, and that the publication was for the public benefit.

Mr. Justice Collins—The verdict will be not guilty, but it is arrived at by that process, of course. I shall have to tell the Jury that the justification was proved, and that the statement was true in substance and in fact. I shall also have to tell them that they will have to find that the statement was published in such a manner as to be for the public benefit. If they find on these two points then the verdict will be not guilty in favour of the defendant. That is the verdict which I understand that the Jury are invited to give. A few seconds later his Lordship, turning to the Jury, said :—Your verdict will be not guilty, but there are other matters which have to be determined with reference to specific finding of complete justification, and. as I told you, that involves that the statement is true in substance and in fact, and that the publication is for the public benefit. These are the facts on which you will have to find, and if you find them in favour of the defendant, your verdict will be not guilty. You will have to say whether you find complete justification has been proved or not.

After consulting for a few minutes, the Jury signified that they had arrived at their decision.

The Clerk of Arraigns—Do you find the complete justification proved or not?

The Foreman of the Jury—Yes.

The Clerk—Do you find a verdict of not guilty?

The Foreman—Yes.

The Clerk—And that is the verdict of you all?

The Foreman—Yes; and we also find that the publication was for the public benefit.

The announcement of the verdict was received with loud applause.

Mr. Carson—And the costs of the defence will follow?

Mr. Justice Collins—Yes, he is entitled to his costs.

Mr. Carson—May I ask that Lord Queensberry may be discharged?

Mr. Justice Collins—Yes, certainly.

Lord Queensberry then left the dock amid renewed applause, and, on descending into the body of the Court, was congratulated by his friends.

At the conclusion of the trial at the Central Criminal Court yesterday morning, 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 witnesses' statements, together with a copy of the shorthand notes of the trial—Yours faithfully,

"Charles Russell."

During the afternoon Mr. Angus Lewis, of the Treasury, had an interview with Sir John Bridge at Bow-street, and subsequently a warrant was issued by the Magistrate.

Mr. Oscar Wilde was arrested shortly after seven o'clock last evening, and taken to Scotland Yard. The warrant for the arrest was executed by Inspector Richards, of Scotland-yard, who, with Sergeant Allen, proceeded to the Cadogan Hotel, Sloane-street, shortly after six o'clock. When the charge was read over to him he made no reply, and was immediately taken to Scotland Yard and handed over to Inspector Brockwell, who held the warrant. After remaining for some time at Scotland Yard, Mr. Wilde was placed in a four-wheeled cab and conveyed to Bow-street. He was at once placed in the dock and charged by Inspector Digby. The prisoner made no reply, and was removed for the night to a cell. Mr. Wilde will be brought up before the Magistrate and charged at ten o'clock this morning, when it is understood evidence of a formal character only will be tendered. At one o'clock this morning Mr. Wilde still remained in custody, the police officials not being empowered to accept bail.

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