The Standard - Saturday, April 6, 1895

The hearing of the charge against the Marquess of Queensberry of criminally libelling Mr. Oscar Wilde was resumed yesterday morning at the Central Criminal Court, before Mr. Justice Henn Collins. The defence was a justification of the libel.— The counsel for the prosecution were Sir E. Clarke, Q.C., Mr. C. Mathews, and Mr. Travers Humphreys. Mr. Carson, Q.C., Mr. C. F. Gill, Q.C, and Mr. A. Gill appeared for Lord Queensberry ; while Mr. Besley, Q.C., and Mr. Monckton watched the case for Lord Douglas of Hawick, the eldest son of the Marquess.

The public galleries were again crowded, the greatest interest being shown in the proceedings. The Judge took his seat at half-past ten. Mr. Oscar VVilde was not present when Mr. Carson rose to resume his speech for the defence.

Mr. Carson said that at the adjournment yesterday he had dealt as fully as he intended to deal with the question of Wilde's connection with the literature that had been produced in this case, and also with the two letters that had been read, and he almost hoped that he had sufficiently demonstrated upon these matters, which were not really in dispute, that Lord Queensberry was absolutely justified in bringing to a climax, in the way that he did, the question of the connection between Mr. Oscar Wilde and his son. He had, unfortunately, a more powerful part of the case now to approach. It would be his painful duty to bring before the Jury those young men, one after another, to tell their tale. It was, of course, even for an advocate, a distasteful task ; but let those who were inclined to condemn these men for allowing themselves to be dominated, misled, and corrupted by Oscar Wilde remember the relative position of the two parties, and that they were men more sinned against than sinning. He was not going in great detail to criticise the evidence of Wilde with regard to the several transactions as to which he cross-examined him. There was a general observation applicable to all the cases There was a startling similarity between each of them, on Wilde's own admission, which must lead the Jury to draw the most painful conclusions. There was the fact that in not one of those cases were the parties upon an equality with Wilde in anyway. They were not educated parties such as he would naturally associate with, they were not his equal in years, and there was a curious similiarity between the ages of each of them. Mr. Wilde said that there was something beautiful and charming about youth that led him to adopt the course he did. but was he unable to find more suitable companions who were at the same time young among the youths of his own class ? The thing was absurd. His excuse in the box was only a travesty of what was the reality of the matter. Who were these younp men ? They were out of employment, and of their antecedents Wilde professed to know nothing. All of them were from 18 to 20 years of age, or thereabouts, and in the manner of their introduction to Wilde and his subsequent treatment of them all were in the same category, leading to the same conclusion, that there was something unnatural and what might not ordinarily be expected in the relations between them. Parker was a gentleman's servant out of employment. He and his brother were in a restaurant in Piccadilly and were met by Taylor, and when a day or two later Wilde gave Taylor a dinner on his birthday, telling him to bring any friends he liked, what an idea he must have had of Wilde's taste when he brought a groom and a valet ! If that one fact was true — and the main features had been admitted by Wilde — why did Taylor speak to those young men at all, and why did he bring them to dine with Wilde ? There could be no explanation of these matters but the one that Tavlor was the procureur for Wilde. They would hear from Parker, when he came to tell his unfortunate story, that he was poor, out of place, and fell a victim to Wilde. He would tell them that on the first evening they met Wilde addressed him — the valet — as Charlie, and that he addressed this distinguished dramatist, whose name was being spoken everywhere in London as the author of a most successful play, as Oscar. He did not wish to say anything about Wilde's theories of putting an end to social distinctions. It might be a very noble and generous instinct in some people to wish to level down all social barriers ; but one thing that was plain in this case was that Wilde's conduct was not regulated by any very generous instincts towards these young men. If he wanted to assist Parker was it of benefit for a man in Wilde's position in society and literature to take him to a magnificent dinner and prime him with the best champagne ? All the ridiculous excuses of Wiide would not bear a moment's examination. Wilde pretended that the whole of these dinners and lunches were mere generous actions on his part. He gave no explanation of why he had that suite of rooms at the Savoy Hotel. It was a large hotel, and Wilde had no difficulty in taking Parker into his rooms, where he treated him with whiskies and sodas, and some of that iced champagne which his doctor forbade Wilde to have. There had been no open scandal at the Savoy Hotel ; but a man could not live that kind of life without gossip going abroad and reports being circulated in the circles in which he mixed. After they heard the evidence from the Savoy Hotel they would wonder, not that the gossip reached Lord Queensberry's ears, but that the man Wilde had been tolerated for years in Society as he had. He referred to the youth Parker, who was coming there with the greatest reluctance, and was now earning for himself a good character in the Country, and Wilde's dealings with the boy Conway.

Mr. Carson was proceeding when Sir E. Clarke spoke to him, and they consulted for a moment.

Sir Edward Clarke then said :— Will your Lordship allow me to interpose and make a statement, which is, of course, made under a feeling of very grave respon-sibility. 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 admissions made with regard to the letters read yesterday. My learned friend began his address by saying that he hoped the need of having the Jury deal with those details could be avoided. I think it must have been present to your mind that the representatives of Mr. Oscar Wilde have beFore them in this case a very terrible anxiety. They could not conceal from themselves the inferences which might be drawn might not improperly induce the Jury to say that when Lord Queensberry used the words "posing as" he was using words which there was a sufficient justification for a father to use. That in our view might not he an improbable result of that part of the case. I and my learned friends who are with me had to look forward to this — that a verdict given in favour of the Defendant upon that point might be regarded as a finding with regard to all parts of the case. The position we stood in was that, in view of the finding of a verdict, we would be going through long evidence dealing with matters of a most appalling character. In these circumstances, I hope your Lordship will think I am taking the right course or action. Having regard to what has been already said in respect of the literature and of the letters, I feel that I could not resist a verdict of Not Guilty in this case — not guilty, that is, having reference to the words "posing as." In these circumstances, I hope your Lordship will think that I am not going beyond the bounds of duty, and that I am doing something to save and to prevent what would be a most terrible task, however it might close, if I now interpose to say that, on behalf of Mr. Oscar Wilde, I would ask to withdraw from the prosecution. If your Lordship does not think that at this time of the case, and 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 of the particulars which is connected with the publication of "Dorian Gray" and with the publication of the Chameleon. I trust, my Lord, that 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 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 of "posing as." 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. I understand the Prosecutor to assent to a verdict of Not Guilty, and of course the Jury will return a verdict of Not Guilty.

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

The Judge.— 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 it was true in substance and in fact that the Prosecutor had "posed as." And 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 the verdict will be Not Guilty.

A few seconds later the Judge, turning to the Jury, said : Your verdict will be Not Guilty ; but there are other matters which have to be determined with reference to the specific finding of complete justification, and as I told you, that involves that the statement is true 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.

The Jury without leaving the box signified in a few minutes 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 pub- lication was for the public benefit.

The verdict was received with applause, of which the Judge took no notice and becoming known in the streets, there was a demonstration of approval on the part of a large crowd.

Mr. Carson.— The costs will follow. May I ask that Lord Queensberry should be discharged.

The Judge. — Certainly.

Lord Queensberry then left the dock and came into the well of the Court, where he received the congratulations of his friends.

Mr. Oscar Wilde, who had been in consultation with his counsel in the vicinity of the Court, left the Old Bailey a few minutes before Sir Edward Clarke made his withdrawal. He drove in his carriage, drawn by a pair of horses, to the Holborn Viaduct Hotel, where he has lunched daily during the trial. Here Mr. Wilde, Lord Alfred Douglas, Mr. Wilde's solicitor, and one or two other gentlemen remained for some time in consultation. When they left he drove in a brougham to the West-end.

After the close of the case, the following letter was addressed by Mr. Charles Russell, the Marquess of Queensberry's solicitor, to the Public Prosecutor : —

"37, Norfolk-street. Strand. " 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 trial. — Yours faithfully, "Charles Russell."

Immediately after the House of Commons met yesterday, a representative of the Public Prosecutor had an interview with the Home Secretary, the Attorney General, and the Solicitor General in regard to the case of Mr. Oscar Wilde. It was at once agreed that a warrant should be applied for, and Mr. Asquith gave instructions that, wherever Wilde might be found, he should be stopped.

There was a great deal of excitement at the Bow- street Police-court yesterday afternoon in consequence of a report that a warrant would be applied for for the arrest of Mr. Oscar Wilde. Sir John Bridge was the presiding Magistrate, having taken the place of Mr. Vaughan early in the morning. When Sir John Bridge took his seat after the luncheon interval, Mr. Angus Lewis, of the Treasury, intimated that he would like to speak to him privately. Sir John assented, and the Magistrate and Barrister carried on a whispered conversation for a few minutes. What actually took place did not transpire, but it was understood that Mr. Lewis intimated to Sir John Bridge that he might have an important application to make to him later in the afternoon. Detective Inspector Brockwell was also in attendance. With him were two youths whose names figured prominently in the Wilde v. Queensberry case. Sir John Bridge did not return to the Court after disposing of the summonses, but it is understood that he saw Mr. Angus Lewis, Mr. C. F. Gill, and Mr. Charles Russell in his private room, and afterwards granted a warrant for the arrest of Mr. Oscar Wilde.

The arrest was made by Inspector Richards last evening at the Cadogan Hotel, Sloane-street, to which place Mr. Wilde drove after leaving the Holborn Viaduct Hotel. The Inspector, who had with him Sergeant Allen, made the arrest about half-past six o'clock. On the senior officer asking for Mr. Wilde he was told he was not there ; but on the Inspector insisting, he was conducted to his room. Mr. Wilde had with him two friends, and the Inspector stated the object of his visit. Mr. Wilde made no reply, and the party at once drove to Scotland-yard to meet Inspector Brockwell, who had the warrant for the arrest. The warrant was read to the Prisoner, who made no reply, and after some delay he was taken to Bow-street Police-station, arriving there at 8.10 in a four-wheel cab. Mr. Wilde, who was the first to alight, walked straight into the station followed by the detectives. He was dressed in a long black frock coat, dark trousers, and silk hat, and did not appear in the slightest way to be affected by the circumstances of his position. He was at once placed in the dock, and stood there with his hands in his pockets while the charge was taken down by Inspector Digby. When the charge had been entered Mr. Wilde was escorted to the cells.

Shortly after the Prisoner's arrival at Bow-street a friend of Mr. Wilde, drove up 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, that gentleman returned to his cab with the bag, not being allowed to leave it. Later on Lord Alfred Douglas visited Bow-street to see if he could bail out Mr. Wilde, and appeared much distressed when he was informed that on no consideration could his application be entertained. He then offered to procure extra comforts in the shape of bedding for his friend, but this offer was also refused by the officer on duty. Mr. Wilde occupies an ordinary cell, but will be allowed to supply himself with any extra food he thinks fit. He will be brought up this morning at tea o'clock at Bow-street Police-station.

The Marquess of Queensberry states that as soon as the trial ended yesterday, he sent this message to Mr. Oscar 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."

London Daily News - Saturday, April 6, 1895

At the Central Criminal Court, yesterday, before Mr. Justice Collins, the Marquis of Queensberry again surrendered to his bail to further answer an indictment charging him with having published a defamatory libel of and concerning Mr. Oscar Wilde, by leaving a card containing a serious charge against him at Mr. Wilde’s club—the Albemarle. The Marquis of Queensberry pleaded justification. Sir Edward Clarke, Q.C., Mr. C. Matthews and Mr. Travers Humphreys prosecuted; Mr. Carson, Q.C., Mr. C.F. Gill. and Mr. A. Gill defended the Marquis of Queensberry; and Mr. Besley and Mr. Monckton watched the case on behalf of Lord Douglas of Hawick. Mr. Oscar Wilde was not present in court.

Mr. Carson, Q.C., proceeded with his speech for the defence. He contended that he had already shown, from Mr. Wilde's writings and admissions, that Lord Queensberry was absolutely justified in bringing to a climax this question been Mr. Wilde and his (Lord Queensberry’s) son. Distasteful as the task would be to him, he had now to discuss the more painful part of the case, viz., the evidence which it would be his duty to lay before the jury. Mr. Carson then proceeded to describe the nature of the evidence in support of the plea of justification and was alluding to the doings of Mr. Oscar Wilde at the Savoy Hotel, doings in regard to which, he said, the wonder was, not that they reached the ears of the Marquis of Queensberry, but that, in the face of such rumours, Mr. Wilde had been tolerated in society in London the length of time he had.

Sir Edward Clarke, Q.C., who, with Mr. Matthews, have left the court during Mr. Carson’s address, and who now returned, after a hurried conversation with Mr. Carson, rose, and addressing his lordship, said: Will you allow me to interpose at this moment and to make a statement which is, of course, made under a feeling of great responsibility. My learned friend, Mr. Carson, yesterday addressed the jury upon the question of the literature involved in this case and from the inferences to be drawn from the admissions made by and the letters read yesterday with regard to Mr. Oscar Wilde. My learned friend began his address this morning by saying that he hoped that he had said enough yesterday, dealing with those topics, to induce the jury to believe from the necessity of dealing in detail with other issues of this case. My lord, I think it must have been present to your lordship’s mind that those representing Mr. Oscar Wilde in this case have before them a very terrible anxiety. We could not conceal from ourselves that the judgement that might be formed of that literature and of the conduct which has been admitted, might not improbably induce the jury to say that when Lord Queensberry used the words that he did, he was using words of which there was sufficient justification to entitle a father to use, and, under these circumstances to be relieved from a criminal charge in respect of that statement. That being our clear view—that that would not improbably be the result of the issue of 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 the verdict given in favour of the defendant on 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 by day, it might be, matters of a most appalling character. Under these circumstances, I hope your lordship will think that I am taking the right course, which I take after communication with Mr. Oscar Wilde, and having regard to what has already been referred to by my learned friend, in respect to the matters connected with the literature and letters, when I say that I feel we could not resist a verdict of not guilty in this case. I hope, therefore, that your lordship will not think I am going beyond the bounds of my duty and that I am doing something to save and to prevent what would be most terrible task, however it might close, if I now interpose, and say on behalf of Mr. Oscar Wilde that he would ask to withdraw from the prosecution. If your lordship does not think, after what has taken place, that I ought to be allowed to do that, on his behalf, my lord, 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 Grey" and "The Chameleon." I trust that this suggestion may meet with the approbation of the Court and my learned friend.

Mr. Carson—I 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 plea of 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 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 to an adverse verdict. But as to jury putting any limitation on their verdict, the justification is one which is a justification or not 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 assents to a verdict of Not Guilty, there can be no terms, there can be no limitations—the verdict must be Guilty or Not Guilty; and as I understand the prosecutor assents to a verdict of Not Guilty, the jury will of course return that verdict.

Mr. Carson—The verdict will be that the plea of justification is proved, and that it is for the public benefit.

Mr. Justice Collins—Of course that is involved in the verdict.The verdict will be not guilty, but it is arrived at by that process. I should have had to tell the jury that two things ought to be established. One, that the justification set up was true, and secondly, that the statement was published in such a manner as to be for the public benefit. If they find those two things in favour of the defendant then he would be entitled to a verdict of not guilty. That is, I understand, the right verdict to which the jury ought to come. You will have to say whether you find complete justification has been proved or not.

The jury, without leaving the box, almost immediately came to a conclusion, the foreman stating that they found the plea of justification had been proved, and that the defendant was not guilty, the foreman adding: And we also find that it was published for the public benefit. (Applause.)

Mr. Carson, Q.C.,—Costs to the defendant will follow?

Mr. Justice Collins—You are entitled to it.

Mr. Carson, Q.C.,—May I ask that Lord Queensberry be discharged?

Mr. Justice Collins—Certainly.

As the Marquis quitted the dock there was loud applause in the court, no attempt being made to suppress it, and he was immediately surrounded and congratulated by his friends. The court adjourned until Monday.

At Bow-street Police-court yesterday afternoon Mr. Angus Lewis, of the Treasury Solicitors' Department, attended before Sir John Bridge and made a private application, which it was understood resulted in the issue of a warrant for the apprehension of Mr. Oscar Wilde on certain grave charges. At any rate, that gentleman was arrested between six and seven o'clock in the evening at the Cadogan Hotel, Sloane-street, and conveyed to Bow-street Station after a short visit to Scotland Yard. He will be brought before the magistrate to-day.

Sir,—on behalf of Messrs. Gay and Bird, the publishers of the first and only number of this publication, we ask you to be good enough to allow us to say through your columns that our clients, of their own act, stopped the sale directly they were aware of the contents of the magazine. Such sale was not stopped at the request of the contributor or anyone else. They were requested to renew the sale and refused. Had the trial proceeded we should, at the proper time, have tendered our clients to give the above facts in evidence.—We are, your obedient servants,

WARD, PERKS, and McKAY.

WARD, PERKS, and McIKAY.

85, Gracechurch-street, E.C.

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