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 Freeman’s Journal - Saturday, April 6, 1895

London, Friday.

The hearing of the action brought by Mr Oscar Wilde against the Marquis of Queensberry was resumed to-day at the Central Criminal Court.

Mr Carson continued his address for the defence. He remarked with much emphasis that it was a wonder the man Wilde had been tolerated in London society so long.

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

Wilde had up to this point 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, by saying yesterday that he hoped he had said enough regarding Mr Wilde's letters and literature to influence the jury, relieved him from the necessity of dealing in detail into the 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 with Mr Wilde in reference to the letters and literature he felt that he could not resist a verdict of not guilty in regard to the words used. 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 of "Dorian Gray" and the "Chameleon."

Sir Edward Clark's statement produced a profound sensation in court.

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

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 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 soon rapidly cleared.

London, Friday Evening.

The Press Association on enquiring 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.

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 the Court. At the close of the consultation in one of the waiting rooms Wilde bailed a hansom and drove away, leaving Sir E Clarke to formally withdraw from the prosecution.

The letter written by Mr Russell and accompanying 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 the copy of the shorthand notes of the trial."

Mr Angus Lewis of the Treasury, who was accompanied by Detective-Inspector Brockwell, attended at Bow street this afternoon and said he would like some private conversation with Sir John Bridge. The magistrate granted the request, and it is understood that Mr Lewis intimated that an application might be made during the day with reference to an important case which is at present engaging much public attention.

The London Evening News states that it has received four letters from Mr Oscar Wilde, written on the notepaper of a Holborn Hotel."TO THE EDITOR."It would be impossible for me to prove 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."

London, Friday Night.

The Press Association says:—Mr Oscar Wilde was arrested between six and seven o'clock this evening, and conveyed to Bow street police station, where he arrived at 10 past eight. The arrest was made by Inspector Richards at half past six at Cadogan Hotel, Sloane street, Chelsea, where Mr. Wilde, it appears, drove after leaving Holborn Viaduct Hotel. Mr. Wilde's visit to the Hotel was of a casual character, he being accompanied by two gentlemen. Throughout the day the accused had been closely followed by two officers, and when Inspector Richards entered the hotel and asked for Mr Wilde it was stated that he was not staying there. This was virtually correct, but when the inspector insisted that he was in the establishment and explained the circumstances he was conducted to a room in the establishment where Mr Wilde was engaged with his two friends. The inspector informed him that he was a police officer and that he would arrest him, a warrant being out for his arrest. Mr Wilde made no reply. Mr. Wilde, in custody of the two officers, was at once conducted to a cab which conveyed the party Scotland Yard, where Inspector Brockwell was waiting with a warrant for Mr Wilde's arrest. The formality of reading the warrant to the accused and the administration of the statutory caution having been gone through, Mr Wilde hazarded no remark. The trio, Mr Wilde, Inspector Richards, and Inspector Brockwell, then drove to Bow street, where they arrived at ten minutes past eight o'clock in a four wheeled cab. The accused was the first to alight from the vehicle and walked direct into the station, followed by the detectives. He was attired in a long, black, frock coat, dark trousers and silk hat. His demeanour was that of a gentleman, self-confident of his own innocence of a charge alleged against him. He was at once placed in the prisoners' dock in the charge room, and while the charge was being taken he stood with his hands in his pocket. Inspector Digby, who took the charge, read it to the prisoner, and warned him that anything he might say could be used in evidence against him. Mr Wilde maintained his reticence and indifferent air. Having been searched, Mr Wilde was removed to the cells. Shortly after Mr Wilde's arrival at Bow street a Mr Rosse, a friend of the prisoner, drove up to the station with a small Gladstone bag containing a change of clothes and other necessaries for Mr Wilde, but, after a short interview with the inspector on duty, Mr Rosse returned to his cab with the bag, having been refused permission to leave it. Later Lord Alfred Douglas visited Bow street to inquire as to the possibility of accused being bailed out, but it was explained that the prisoner was arrested on a warrant for alleged criminal offences which admitted of no bail until prisoner had appeared before the magistrate. Lord Douglas appeared much distressed when he was informed that on no consideration could the authorities entertain his application. He was respectfully informed that the prisoner had a cell to himself, and had been supplied with a blanket and other requisites to make him as comfortable as police regulations would allow. It will be Mr Wilde's privilege to receive food sent him from a neighbouring hotel if he so desires pending his transferrence from the cell in the police station to the cells of the adjoining police court at ten o'clock to-morrow morning. Sir John Bridge, who signed the warrant for his arrest, will investigate the charge against Mr Wilde, which involves a penal offence.

The Central News says—After conferring briefly with his counsel, Sir Edward Clarke, at the Central Criminal Court this morning, Wilde proceeded in company with Lord A Douglas and two other gentlemen, one of whom was a lawyer, to the Holborn Viaduct Hotel, where Wilde had slept on the previous night on account of its convenient proximity to the court. The party remained in earnest conference in a private room until one o'clock, when they partook of luncheon, at which much wine was drunk. At a quarter past two the four men drove off in Wilde's brougham, which had been waiting outside the hotel for a considerable time. Their destination was a bank in St James's, where a large sum of money was drawn out on a cheque payable to "self."

The Central News says—Lord Queensberry states that as soon as the trial ended he sent this message to Wilde—"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."

Both Mr Oscar Wilde's plays, "The Ideal Husband" and "The Importance of Being Earnest," were produced to-night as usual at the Haymarket and at the St James Theatre, and at neither place was there any hostile demonstration. At the latter theatre, however, it was noticed that except in those portions of the buildings reserved and prepaid, the audience was smaller than usual. In one or two places slightly discordant remarks were made, especially when reference was made to the town of Worthing, but these chiefly came from the gallery and were of a trifling character.

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