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.

Belfast News-Letter - Saturday, April 6, 1895

London, Friday. The trial of the Marquis of Queensberry for an alleged criminal libel upon Mr. Oscar Wilde entered upon its third day of hearing at the Old Bailey this morning before Mr. Justice Collins and a jury. As on the two previous occasions, the small, dingy court was crowded. The interest taken in the unsavoury proceedings seemed unabated. No sooner were the doors of the court opened than the public gallery was again besieged. In the body of the court there was not that eager rush for seats on the part of the Junior Bar that was apparent on the two previous days. At ten o'clock the gangways were not blocked, as hitherto had been the case, and it seemed evident that more stringent efforts were being taken by the officials of the court to prevent the inconvenient crushing and crowding so characteristic a feature since the opening of the action.

The prosecutor was represented by Sir Edward Clarke, Q.C, M.P.; Mr. Charles Mathews, and Mr. Travers Humphreys. Mr. Carson, Q.C, M.P.; Mr. C. F. Gill, and Mr. A. Gill were for the defence; and watching briefs were held by Mr. Besley, Q.C, and Mr. Monckton.

As soon as the Marquis of Queensberry arrived he went to the dock, and took a seat, where he read a newspaper, pending the arrival of the judge. Mr. Wilde had not yet appeared, but his solicitor was chatting with Sir Edward Clarke.

MR. CARSON'S PAINFUL DUTY.

When the Court rose yesterday Mr. Carson had not finished his opening address to the jury. Resuming this morning, he said it would be his painful duty to bring before the jury the young men mentioned in the case who had unfortunately allowed themselves to be dominated by Mr. Oscar Wilde, and had been more sinned against than sinning. They were none of them educated persons or Mr. Wilde's equals in years, and the excuse put forward by the prosecutor to account for those friendships was onlv a travesty of facts. There was an extraordinary similarity in the history of all these sad cases, all leading up to the inevitable conclusion that there was something criminal in the relations between these young men and the prosecutor. How could one believe that Taylor was the kind of man that Mr. Wilde pretended him to be? There could be no possible doubt, viewing all the circumstances and admissions, that Taylor was employed by Wilde.

THE LAST SCENE AND VERDICT.

Amid impressive silence Sir E. Clarke, pale and trembling, and evidently feeling his position very acutely, rose, and asked leave to withdraw from the case. Addressing his Lordship with some emotion, he said perhaps he would allow him to interrupt at that moment, and make a statement. His learned friend had 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 by Mr. Oscar Wilde on the previous day. His learned friend began his address that morning by saying he hoped that he said enough in dealing with those topics in detail to have prevented the necessity of referring in detail to the other issues in the case. Be thought it must have been present to the mind of his Lordship that those who represented Mr. Wilde on this case had before them a very terrible anxiety. They could not conceal from themselves that the judgment which might be formed with regard to the literature and to the conduct, which had been admitted was such as might induce the jury to say that there was ground for justification on the part of Lord Queensberry in using the words that he was posing as a man of immoral character, it being the clear view of himself and his learned frineds, who desired to be associated with him in this matter, that might not improbably be the result upon that part of the case. They had to look forward to this, that a verdict given in favour of the defendant in reference to that might be regarded as a conclusive finding as to all parts of the case. The position, therefore, in which they stood was this, that without expecting to gain a verdict in this case, they would be going through day after day a large amount of evidence in the investigation of matters of the most appalling character. In these circumstances he hoped his Lordship would think that he (counsel) was taking the right course which he was about to take after consulting with Mr. Wilde—that was to say, that, having regard to what had already been referred to him by his learned friend Mr. Carson in respect to the literature and the letters, he felt it would not be right to resist a verdict of "not guilty" in reference to the words "posing as" an immoral person. Under these circumstances he (the learned counsel) thought he was not going beyond the bounds of duty and doing something to save and prevent what would be a most terrible case, however it might close, if he now interposed on behalf of Mr. Wilde, and stated that he would withdraw from the prosecution, and he was prepared on Mr. Wilde's behalf to submit to a verdict of not guilty.

Mr. Carson, Q.C, said he did not think that he had any right whatever to interfere in any way with such an application his learned friend had made. He could only say that, as far as Lord Queensberry was concerned, if there was to be a verdict of "not guilty," the verdict must involve that his Lordship had succeeded in his plea of justification. With that understanding he (the learned counsel) would be quite satisfied to adopt the course proposed. Of course, his learned friend would admit they must succeed on that plea, and that being so it rested entirely with his Lordship as to whether the course suggested by his learned friend was to be adopted.

THE JUDGE'S RULING.

Mr. Justice Collins was understood to say that it rested with the jury to say whether they were prepared to acquiesce in that verdict of "not guilty" against the accused. It was not part of the duty of the judge or jury to go into the details bearing upon the matter, but the jury could not place any limitation to their verdict. A plea of justification was made, and the charge was that of "posing" as a person of immoral character. If it was justified it was justified ; if it was not it was not ; and the verdict of the jury must be "guilty" or "not guilty." He understood that the learned counsel (Sir E. Clarke) had said that the prosecutor was willing to agree to a verdict of "not guilty.' There could be no terms, no limitation. The verdict must be "guilty" or "not guilty." He understood the learned counsel for Wilde to assent to a verdict of "not guilty," and the jury would, therefore, return that verdict.

Mr. Justice Collins said he should have to tell the jury that two things must be established. First, that the plea of justification was true in substance, and, in fact, that the prosecutor had "posed" as a person of immoral character, and he should also have to tell them that they would have to find that the statement was published in such a manner as to be for the public benefit. If they found on these two points in favour of the defendant, then the verdict would be "not guilty." In that way they would say whether they found the plea of justification proved or not.

NOT GUILTY

After a few moments' consultation together on the part of the jury, the foreman intimated that they had arrived at their verdict.

The Clerk of Arraigns—Do you find the plea, of justifcation proved? Yes.And do you find the defendant not guilty? YesAnd that is the verdict of you all? Yes.And also that it was published for the public benefit? Yes.

The result was received with loud cheers by the crowded court.

The Marquis of Queensberry was then formally discharged, and left the dock.

The learned judge made an order allowing the costs of the defence.

THE PROSECUTOR'S MOVEMENTS.

An "Echo" reporter, who called this morning at the residence of Mr. Oscar Wilde, in Tite Street, Chelsea, learnt that he left home between 9-30 and 10 o'clock this morning, and drove to an hotel in Sloane Street. There he had some refreshment, asked if there were any letters for him, and then drove away in a cab. Here the Exchange Telegraph Company takes up his movements. In a message sent across the wires shortly after twelve, the company says:—"Oscar Wilde went to the Old Bailey this morning, but did not enter the precincts of the court. He had 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."

Another report says:—It was at first stated that Mr. Wilde had left London by the boat train for Dover, but this rumour probably arose from the fact of his having written a letter to a contemporary from the Holborn Viaduct Hotel explaining his reason for the withdrawal of the charge, which was that he could only prove his case by putting Lord Alfred Douglas into the witness-box against his father. The "Globe's" representative on calling at the hotel was told by the manager that Mr. Oscar Wilde had not been staying there, nor was he there then. "Mr. Wilde was here this morning," added the manager, "but he has left." Asked for how long a period Mr Wilde remained, and at what time he left, the manager expressed himself unable to answer either questions. Our representative was informed later that several friends of Mr. Wilde were with him at the hotel, and that they all left together early in the afternoon.

Another representative called at the Cadogan Hotel, Sloane Street, where Mr. Wilde was said by another authority to have gone. Asking to see Mr. Wilde, he was told that he declined to be interviewed ; but the reporter saw Lord Alfred Douglas, who, in reply, said that Mr. Wilde had not the least intention of leaving the country, but would remain "to face whatever there was to face."

The Exchange Telegraph Company confirms this statement, and adds that the name of Mr. Oscar Wilde has been removed from the playbills and programmes of the Haymarket Theatre.

LETTER TO THE PUBLIC PROSECUTOR.

On leaving the court this forenoon, Mr. Charles Russell, Lord Queensberry's solicitor, addressed the following letter to the Public Prosecutor:—"37, Norfolk Street, Strand."The Honourable Hamilton Cuffe, Esq., 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."The Treasury, Whitehall."

A WARRANT ISSUED.

A report from Bow Street states—"It is understood that a warrant in connection with the Wilde case was applied for at five o'clock thia afternoon, and it is believed that it was granted. The application was made to Sir John Bridge in his private room, and the officials were naturally reticent on the subject. Mr. Charles Russell (son of the Lord Chief Justice) and Mr. Angus Lewis of the Treasury, with two witnesses, were in attendance, and it is understood that the application for the warrant was made by them.

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