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 Dublin Evening Mail - Friday, April 5, 1895

London, Friday.The hearing of the libel action brought by Mr Oscar Wilde against the Marquis of Queensberry was resumed to-day at the Old Bailey. Sir E Clarke, Q C; Mr C Mathews, and Mr Travers Humphreys attended to prosecute. Mr Carson, Q C; Mr C F Gill, and Mr A Gill (instructed by Mr Charles Russell), represented the Marquis of Queensberry, : Mr Besley, Q C, with Mr Monckton, watching the proceedings on behalf of Lord Douglas of Hawick, the eldest son of the Marquis.

When the trial was resumed Mr Carson, continuing his address for the defence, said he hoped he had convinced the jury that the defendant was justified in bringing to a climax the association of his son with Mr Wilde. It would be his painful duty to call several young men to tell their own tale. He would show that Taylor acted as an agent for Wilde. Mr Carson remarked with much emphasis that it was a wonder a man like Wilde had been tolerated in London society so long. He regretted to have to call the young man Parker because he had joined the service of his country, and now bore an excellent character.

Mr Carson was continuing his argument when Sir E Clarke and Mr Mathews retired from the court for a moment. Wilde up to this time had been absent. Sir E Clarke, on returning, whispered to Mr Carson, who resumed his seat.

Sir E Clarke then, addressing the Court, said he had to make a statement under the gravest responsibility. Mr Carson yesterday said that he hoped he had said enough regarding Mr Wilde’s letters and literature to influence the jury to relieve him from the necessity of dealing in detail with other issues. Those representing Mr Wilde had, therefore, before them a terrible anxiety, and could not conceal from themselves what the judgment of the jury might be, and that the jury might say Lord Queensberry was justified in using the words he had done. The position he (Sir Edward) stood in was that, without expecting to obtain a verdict, he would be going on from day to day investigating circumstances of a most appalling character. Under those circumstances, he hoped his lordship would think he was taking the right course. After consulting Mr Wilde in a reference to his letters and literature, he felt that he could not resist a verdict of "not guilty" in regard to the words, "posing as a——." He, therefore, asked on behalf of Mr Wilde to withdraw from the prosecution, and submit to a verdict of "not guilty," in respect to that part of the particulars connected with the publication "Dorian Grey and Chameleon."

Sir Edward Clarke’s statement produced a profound sensation in court.

Mr Carson said a verdict of "not guilty" involved a verdict also of justification.

Mr Justice Collins said that if the jury found a verdict of "not guilty" they would also find that the justification set up was true in substance and in fact: and that the statement was published for the public benefit.

THE VERDICT.

The jury, after a moment’s consideration, returned a verdict of NOT GUILTY against the Marquis of Queensberry, the foreman adding that what he had written was published for the public benefit.

The Judge thereupon ordered the Marquis of Queensberry’s discharge from custody and certified for costs.

The Marquis on descending from the dock was heartily congratulated by his friends, and the court rapidly cleared.

THE PUBLIC PROSECUTOR INVOKED.

The Press Association, on inquiring of Lord Queensberry’s solicitors (Messrs Russell and Day), is informed that it is not his lordship’s intention to take the initiative in any criminal prosecution of Oscar Wilde, but after the finding of the jury this morning in the libel action, the whole of the documents, with proofs of the evidence upon which the defence had intended to rely, were forwarded to the Public Prosecutor, the Hon Hamilton Cuffe.

The letter written by Mr Russell, and accompanying the documents, is as follows :—

"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."

WILDE’S RETREAT.

As was surmised, Wilde was in the precincts of the Old Bailey when the speech for the defence of Lord Queensberry was resumed. It was for the purpose of holding a conference with Wilde that his leading counsel left court. At the close of the consultation in one of the waiting rooms Wilde hailed a hansom and drove away, leaving Sir E Clarke to withdraw formally from the prosecution.

Highlighted DifferencesNot significantly similar